r2 - Goderich
Transcription
r2 - Goderich
THE CORPORATION OF THE TOWN OF GODERICH BY-LAW NUMBER 124 of 2013 ________________________________________________________________________ BEING A BY-LAW TO ADOPT A COMPREHENSIVE ZONING BY-LAW FOR THE CORPORATION OF THE TOWN OF GODERICH WHEREAS the Planning Act, R.S.O. 1990, Section 34(1) as amended, provides that zoning by-laws may be passed by the Councils of local municipalities for prohibition of the use of land and the erecting and using of buildings, for and except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any defined highway or part of a highway. NOW THEREFORE the Council of the Corporation of the Town of Goderich in accordance with Section 34 of the Planning Act. R.S.O. 1990 hereby enacts as follows: 1. A Comprehensive Zoning By-law consisting of the attached zone provisions and zoning maps is hereby adopted. 2. The Town of Goderich hereby repeals the following zoning by-law when this by-law comes into force and takes effect: The Town of Goderich Zoning By-law 38-1985 and all amendments thereto. 3. This by-law shall come into force and take effect on the day of final passing thereof or on the approval of the Ontario Municipal Board. READ a FIRST, SECOND, and THIRD TIME, and FINALLY PASSED this 9th DAY OF DECEMBER, 2013. ___________________________ Delbert (Deb) Shewfelt, Mayor __________________________________ Larry J. McCabe, Clerk Town of Goderich Zoning By-law December, 2013 Prepared by: Town of Goderich County of Huron Planning and Development Department T ABL E O F CO NT ENT S SECTION PAGE 1 Title ................................................................................................................................... 6 2 Definitions .......................................................................................................................... 6 3 Application, Administration, Enforcement ......................................................................... 35 4 Interpretation and Schedules ........................................................................................... 38 5 Zones .............................................................................................................................. 40 6 General Provisions Index ................................................................................................. 45 7 Residential Lowest Density Zone (R1) .............................................................................. 66 8 Residential Low Density Zone (R2) .................................................................................. 68 9 Residential Medium-Low Density Zone (R3) ..................................................................... 73 10 Residential Medium Density Zone (R4)………………………………………………………...... 76 11 Residential High Density Zone (R5)……………………………………………………….………..79 12 Restricted Highway Commercial Zone (C2) ...................................................................... 85 13 Highway Commercial Zone (C3) ....................................................................................... 88 14 Core Area Commercial Zone (C4) .................................................................................... 95 15 Mixed Use Core Area Commercial Zone (C5) ................................................................... 98 16 Grouped Commercial Zone (C6) ...................................................................................... 99 17 Recreation Commercial Zone (C7) ................................................................................... 102 18 Light Industrial Zone (M1) ................................................................................................ 104 19 General Industrial Zone (M2) ........................................................................................... 109 20 Minor Community Facility Zone (CF1) .............................................................................. 114 21 Major Community Facility Zone (CF2) .............................................................................. 116 22 Site Specific Community Facility Zone (CF3) ……………………………………………….........118 23 Harbour Commercial Zone (H1) ....................................................................................... 119 24 Harbour Industrial Zone (H2) ............................................................................................ 120 25 Public Open Space Zone (OS1) ....................................................................................... 122 26 Private Open Space Zone (OS2) ...................................................................................... 123 27 Natural Environment Zone (NE) ....................................................................................... 124 28 Flood Zone (F) ................................................................................................................. 125 29 Open Water Zone (OW) ...................................................................................................126 30 Holding Zone (-h) .............................................................................................................127 - Enactment .......................................................................................................................128 2 SCHEDULE PAGE "B" Roads Plan .......................................................................................................................148 "C" Parking Plan .....................................................................................................................149 APPENDIX 1 Illustration of Basement and Cellar Definitions................................................ 150 2 Illustration of Heights of Buildings .................................................................. 151 3 Illustration of Lot Definitions ........................................................................... 152 4 Illustration of Yard Definitions......................................................................... 153 5 Illustration of Parking Requirements by Configuration..................................... 154 6 Metric Conversion Information ....................................................................... 155 7 Illustration of Site Triangle.............................................................................. 156 3 EXPLANATORY NOTE ZONING BY-LAW NO. 124 of 2013 OF THE CORPORATION OF THE TOWN OF GODERICH Preamble The Zoning By-law was passed on December 9, 2013 under Section 34 of The Planning Act. It implements the Official Plan for the Town of Goderich which was adopted by the Council of the County of Huron on January 29, 2009. The publicly ascertained values which were established through the Official Plan public process and woven throughout the goals and policies of the Official Plan include: 1. 2. 3. 4. 5. 6. Maintaining the Downtown Core as an ’anchor’ and ‘people place’, through its protection as a commercial centre and by supporting mixed uses; Focusing on Community Culture as an ‘economic engine’ for the Town, through street and building design, availability of facilities, and protection and enhancement of Heritage Resources; Providing a mix of housing alternatives through intensification, particularly within or near the Downtown Core; Building on existing strengths and creating employment opportunities; Clean air, clean water, and clean soil; and Protecting the environment and promoting sustainable growth through energy efficiency measures, walkability of developments, encouraging alternative modes of transportation, and maintaining and enhancing the natural environment and park systems.” The Zoning By-law comprises both text and zoning maps on which is delineated the various zones created in the By-law. Purpose The purpose of this By-law is to provide The Corporation of the Town of Goderich with regulations which will affect control over all forms of land use or other related matters within the municipality. Basis Such regulations have been deemed necessary and in the public interest by local Council in order that possible conflicts between existing and proposed land uses can be minimized or reduced in the future. Prior to the preparation of this By-law, the Town of Goderich operated under the Town of Goderich Official Plan and By-laws No. 29 of 1972 and No. 38 of 1985 as amended. Affected Lands The lands directly affected by this By-law can be described as consisting of all properties lying wholly or partly within the corporate limits of the Town of Goderich. Existing By-Laws From the coming into force of this By-law, all previous By-laws of the Town, passed pursuant to Section 34 of The Planning Act or a predecessor thereof, shall be deemed to have been repealed, with the exception of the Site Plan Control By-law No. 88 of 2013. Duration It is the intention of the Council that this Zoning By-law will be effective until circumstances change to such a degree that a revision and updating of the By-law is required. Additional uses for specific lands may be permitted by means of a rezoning or amendment to the zoning By-law. It is the intention of the Council to accept and review applications to amend the Zoning By-law in order to allow the establishment of uses which are permitted by the Town of Goderich Official Plan. Effect This Zoning By-law is designed to regulate by prohibition all new development except that specifically allowed in the By-law. This By-law will, however, give Council of the local municipality the legal authority to review the merits of any new use which is not specifically allowed by the By-law. If Council, after studying a proposal for a 4 new use, is satisfied that the new use is in the best interests of the Municipality, the new use may be permitted provided that a separate By-law amending this By-law is passed which would permit the new use on the specified parcel of land subject to appropriate regulations. 5 THE RESTRICTED AREA BY-LAW OF THE CORPORATION OF THE TOWN OF GODERICH BY-LAW NO. 124 of 2013 BEING A BY-LAW, UNDER THE PROVISIONS OF SECTION 34 OF THE PLANNING ACT, R.S.O. 1990, TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES AND TO PROHIBIT CERTAIN BUILDINGS AND STRUCTURES IN VARIOUS DEFINED AREAS OF THE CORPORATION OF THE TOWN OF GODERICH. WHEREAS the Municipal Council of the Corporation of the TOWN OF GODERICH considers it advisable to restrict, prohibit and regulate the use of land situated within the defined areas, as hereinafter designated, for the purpose of preventing any further development which would create an adverse effect on the Corporation, and to prevent the use of lands that would jeopardize future orderly development and expansion, and to protect the natural environment. NOW THEREFORE the Council of the Corporation of the Town of Goderich ENACTS as follows: SECTION 1. SHORT TITLE 1.1. TITLE This By-law shall be known as the Zoning By-law of the Corporation of the Town of Goderich. SECTION 2. DEFINITIONS In this By-law, unless the context requires otherwise: ABUT or ABUTTING When used in reference to a lot, means a lot which shares a boundary with another lot, a street allowance or a lane and when used in reference to a zone means a zone which shares a boundary with a lot line. ACCESSORY OR ANCILLARY When used to describe a use, building or structure, means a use, a building or structure that is normally incidental, subordinate and exclusively devoted to supporting the principle use, building or structure and located on the same lot therewith. This does not include an accessory residence unless otherwise specified. ADJACENT LANDS Shall mean those lands abutting a specific natural or cultural heritage feature or area where it is likely that development or site alteration may have a negative impact on the feature or area. ADULT LIVE ENTERTAINMENT PARLOUR Shall mean any premises or part thereof used, in pursuance of any trade, calling, business or occupation, for the purpose of a live performance, exhibition or activity designed to appeal to erotic or sexual appetites or inclinations, of which a principal feature or characteristic is the nudity or partial nudity of any person, and in respect of which the word "nude", "naked", "topless", "bottomless", "sexy", or any other word, picture, symbol or representation having like meaning or implication may be used in any sign, advertisement, or advertisement device, and without restricting the generality of the foregoing, includes any performance, exhibition, or activity involving striptease dancers, go-go dancers, exotic dancers, table dancers, wet clothing contests or best body parts contests. 6 AGRICULTURAL PROCESSING ESTABLISHMENT Shall mean the use of land and/or buildings or structures for the processing of products derived from agricultural uses, as defined in this By-law. These shall include such products as seed, grain, feed and forage processing, storage and transport, fruit and vegetable storage and treatment, livestock and poultry assembly, sales and transport, a cheese factory, an egg grading station and an abattoir. ALTER When used in reference to a building, structure or part thereof, means to change any one or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word “alter” means to decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise. When used in reference to a use, the word “alter” means to discontinue and replace with a use distinct from the discontinued use. The words “altered” and “alteration” shall have corresponding meanings. AMENITY AREA Means an area or areas within the boundaries of a lot intended for use for recreation, aesthetic purposes for a multiple dwelling project and may include landscaped open areas, patios, balconies, communal lounges, swimming pools, recreation facilities and any other areas which may be used for recreational or aesthetic purposes, but shall not include any driveway or parking area. ANIMAL KENNEL Means a building, within which four (4) or more dogs over four (4) months of age, are housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor veterinary treatment. ANIMAL SHELTER Means a building, with or without related structures, where domesticated animals are given temporary shelter and accommodation or are treated or kept for treatment by a veterinarian, but does not include any establishment engaged primarily in the retail sale or animals or in breeding animals for a free, or a veterinarian’s office defined herein. APARTMENT – SEE DWELLING, APARTMENT ART GALLERY Means land, a building, room or rooms used for the display of works of art for viewing and purchase by the general public. ARTISANS WORKSHOP & RETAIL ESTABLISHMENT Means an area devoted to the small-scale, labour intensive, light manufacturing of specific physical products by a skilled workman or craftsman. This use also permits workshops and lessons related to the craft in addition to the retailing of products. ARTERIAL ROAD Means an arterial road as designated on Schedule “B” to this By-law. ASSEMBLY HALL Means a building, or part of a building, in which facilities are provided for such purposes as meetings for civic, educational, political, religious or social purposes and shall include a banquet hall, private club, fraternal organization or community centre. ATTACHED Means a building otherwise complete in itself, which depends for structural support or complete enclosure upon a division wall or walls shared in common with adjacent building or buildings. ATTIC Means the portion of a building situated wholly or in part within the roof and which is not a one-half storey. 7 AUCTION SALES ESTABLISHMENT Means an establishment where articles are collected, stored and sold by public auction. AUDITORIUM Means a building or structure where facilities are provided for athletic, civic, educational, recreational, religious, or social events including, without limiting the generality thereof, an arena, a community centre, a recreation centre, an assembly hall, a gymnasium or a stadium. BALCONY Means a platform other than a stoop or a deck projecting from and supported by the wall of a building above ground level, and accessible from inside such building by means of a door. BASEMENT Means that portion of a building between two floor levels which is partly below finished grade level but which has at least fifty percent (50%) of its height from finished floor to finished ceiling above adjacent finished grade level and in which the height from adjacent finished grade level to the ceiling is less than two (2) metres. (SEE APPENDIX 1 FOR ILLUSTRATION) BEACH HOUSE Means a municipally owned building, or part thereof, that is used for the purpose of changing from or into beachwear, and may include washrooms and storage facilities, and such building is not to be used for human habitation. BED AND BREAKFAST ESTABLISHMENT Means a single detached dwelling, in which the proprietor resides, where no more than 3 guest rooms are made available by the residents of the dwelling to travelers or vacationers for temporary accommodation and their guest’s meals. A Bed and Breakfast establishment does not include a hotel, motel, boarding or lodging house or restaurant BOARDING OR LODGING HOUSE Means any house or building in which the proprietor resides and occupies at least 10 percent of the floor space used for the purposes of the boarding house as his residence, and supplies for hire or gain to persons other than members of the proprietor's family, lodging with or without meals in rooms furnished by the proprietor with necessary furnishings, but does not include a hotel, motel, apartment dwelling or nursing home. BREWING ESTABLISHMENT Means a commercial establishment where individuals produce beer, wine and/or cider, for personal consumption off the premises; and where beer, wine and/or cider ingredients and materials are purchased. Equipment and storage area is used for a fee by the same individuals. This use does not include large scale manufacturing of beer, wine or cider. BUILDING Means any structure, or part thereof, consisting of walls and a roof which is used or intended to be used for the shelter, accommodation or enclosure of persons, animals or chattels, and includes an structure defined as a building in the Building Code Act, or in the Corporation’s Building By-law. BUILDING BY-LAW Means any Building By-law within the meaning of the Ontario Building Code Act, as amended from time to time. BUILDING ENVELOPE Means the buildable area on a lot, defined by the minimum front yard depth, rear yard depth and side yard width requirements and maximum height requirements, within which a building can be erected. BUILDING HEIGHT Means the vertical distance from the finished grade level to: - in the case of a flat roof, the highest point of the roof surface or parapet, whichever is the higher; - in the case of a mansard roof, the roof deckline; or - in the case of any other roof, the mean height between the eaves and the ridge; 8 but exclusive of any structure accommodating an elevator, staircase, water tank, ventilating fan, skylight, aerial, steeple, cupola, chimney, firewall, smoke stack or other ornamental or utilitarian structure which rises above the roof level but does not provide habitable living space. (SEE APPENDIX 2 FOR ILLUSTRATION) BUILDING INSPECTOR Means the Chief Building Official or other employees of the Town for the time being charged with the duty of enforcing the provisions of the Building By-law and the Ontario Building Code, which shall mean any By-law of the Town from time to time in force regulating the erection, alteration or repair of building. BUILDING LINE, ESTABLISHED Means the setback of an existing main building on a lot, measured between the street line of the said lot and the nearest part of such building, excluding any stoops, decks, porches, verandahs, sun rooms, balconies, exterior steps or architectural adornments. BUILDING, MAIN Shall mean the building or buildings designed and/or intended to accommodate the principal use(s) permitted by this By-law. BUILDING SETBACK Shall mean the minimum horizontal distance between the front lot line and the nearest part of any building, structure or open storage use on the lot. BUILDING SUPPLY ESTABLISHMENT Means: a) a building or structure in which building or construction and home improvement materials are offered or kept for sale, and may include the fabrication of certain materials related to home improvement, and / or b) a yard of a company or contractor used primarily for the storage and / or sale of lumber and other building supplies. BULK SALES ESTABLISHMENT Means the use of land, a structure or a building for the purposes of buying and selling fuel, oil, wood, coal, lumber, building materials, metal and steel products, nursery stock, but does not include manufacturing, assembling or processing uses. BUS DEPOT Means a facility for the boarding and deboarding of passengers from inter-city buses and may include a public washroom or rest area, bus ticket sales area and ancillary office. BUSINESS OFFICE Means any building, or part of a building, in which one or more persons are employed in the management, direction or conducting of an agency, business brokerage, or labour organization, and shall exclude such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement. BUSINESS EQUIPMENT SALES AND SERVICE FACILITY Means a facility which sells and services light equipment for use by other businesses in the day to day operation and administration of such business. Sales and services of motors, pumps and other heavy equipment shall not be permitted. BY-LAW ENFORCEMENT OFFICER Means the officer or employee of the Corporation charged with the duty of administering and enforcing the provisions of this By-law. CANDY SHOP Means a building used for the producing, mixing, compounding, cooling or otherwise preparing confectionery products, including, without limiting the generality thereof, chocolate or candy, and where such prepared confectionery products are offered for retail sale therefrom. CANOPY Means a roof free of enclosing walls over an entrance to a building, structure or gasoline pump island. 9 CARPORT Means a parking space that is partially enclosed and has a roof, and is for the purpose of storing one or more private vehicles. CELLAR Means that portion of a building between two floor levels which has more than fifty percent (50%) of its height from finished floor to finished ceiling below adjacent finished grade level. (SEE APPENDIX 1 FOR ILLUSTRATION) CEMETERY Means a cemetery or columbarium within the meaning of The Cemetery Act of Ontario. CHURCH Means a building commonly used by any recognized religious organization for public worship, and may include a rectory or manse, church hall, auditorium, monastery, convent, day nursery or religious school associated with or accessory thereto. CLINIC Means a building, or part thereof, used exclusively by physicians, dentists, drugless practitioners, their staff and their patients for the purpose of consultation, diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the clinic, but shall not include accommodation for inpatient care.. COMMERCIAL USE Means the use of land, structure or building for the purposes of buying or selling commodities and/or supplying services, but does not include an industrial use. COMMERCIAL, CORE AREA Means the traditional and established business district of the Municipality commonly known as The Square and with its tightly built up urban form and compact nature which is connected by a system of sidewalks, roads and parking areas provides for the general commercial requirements of the municipality and particularly the multipurpose pedestrian comparison shopping trade. The core area is the most intensive, diversified and dominant centre of the community activity in the Municipality, providing a broad spectrum of retail, business, financial, personal and professional services, offices and studios, hotels and restaurants, places of entertainment, culture, habitation and recreation, institutional, judicial, civic and administrative uses. COMMERCIAL, GROUPED Means a planned commercial development consisting of a self-contained group of commercial establishments commonly known as a shopping centre or a shopping mall designed, developed and managed as an interdependent unit using common facilities, including on-site parking. Grouped commercial developments provide a wide range of general commercial uses, usually at a peripheral highway location in a planned unit environment. In addition to the primary commercial uses, ancillary grouped commercial uses include an administrative office, used exclusively for the grouped commercial development, private and public washrooms, parking areas, truck loading, service, refuse disposal, mechanical, electrical, maintenance and storage areas. COMMERCIAL, HIGHWAY Means a commercial use oriented to a highway-related function including the following: those which are essential to the operation of the highway system such as works yards, police facilities; those which are oriented to or economically reliant on serving vehicular traffic and the traveling public such as service stations, motels and eating establishments, and therefore require exposure on a major road; those which require large tracts of land for large buildings, extensive parking and loading operations, such as automobile sales, service, and repair establishments, building supply yards, fuel dealers, marine and trailer sales, farm implement dealers; those which require access to a major road for efficient operation such as bus depots. 10 COMMERCIAL, RECREATIONAL FACILITY Means an indoor or outdoor recreational facility operated for economic return and used by private members or the general public. Recreational commercial uses include high intensity, limited space commercial uses such as handball courts, racquetball courts. In addition to the primary commercial uses, ancillary commercial uses will be permitted including an administrative office used exclusively for the recreational commercial development, washrooms, a supply store, storage and repair facilities. COMMERCIAL STORAGE WAREHOUSE (Rental units) Means an enclosed building used for the storage of household, business and recreational goods on a rental basis; the rental units may be singular or multiple. COMMUNITY CENTRE Means a building and its appurtenant land used for activities shared in by the general public whether operated by the City, or other public authority, or by some private group of persons; provided such shall not be carried on with the purpose of gain for its members; and without restricting the generality of the foregoing, includes such activities as the arts, crafts, physical, social, charitable and educational activities and the administration of such activities. COMMUNITY FACILITY Means a use of land, building or structure such as: public utilities such as a waterworks system, sewage works system, electric power, gas, communications facilities, roads and railway networks, flood and erosion control works; government buildings such as administration offices, court houses, post offices, assessment and registry offices; cultural facilities such as libraries, museums, auditoriums, community centres, theatres, and civic and convention centres; sport facilities such as arenas, race tracks, fair grounds and stadiums; public service facilities such as police and fire stations, cemeteries, works yards and garages; and, institutions such as churches, schools, hospitals, day care centres, group homes, fraternal or other nonprofit organizations. CONDOMINIUM Means the separate private ownership of an individual unit in a multiunit structure or of land owned in common where all facilities and outdoor areas in common by all tenants, are owned, administered and maintained by a corporation created pursuant to the provision of the appropriate statute. CONSERVATION Means the use of land and/or water for the purpose of planned management of natural resources. CONSERVATION AUTHORITY REGULATED LANDS (CARL) Means lands regulated by the local Conservation Authority, pursuant to Ontario Regulation 164/06, and includes development, interference with wetlands and alterations to shorelines and watercourse; and/or adjacent lands (as defined) to significant natural environment areas. CONSTRUCTION TRAILER Means a building or structure that is designed to be made mobile and is self-propelled or drawn by a separate vehicle, and is used for the purpose of storage or administration on a site while building construction is taking place. CONTRACTOR’S YARD OR SHOP, CLASS “A” Means land or buildings used for the non-offensive performance of shop or assembly work or the non-offensive storage of building and construction materials and equipment. CONTRACTOR’S YARD OR SHOP, CLASS “B” Means land or buildings used for the storage of heavy machinery, plant or equipment such as cranes, ploughs, tractors and road making equipment and building and construction materials. CONVENIENCE STORE 11 Means a building or structure, or a portion thereof, used for retailing a limited range of household goods and foodstuffs including magazines, newspapers, stationary, smoking supplies, but shall not include a food store, supermarket, specialty food store, department store, pharmacy, drug store or hardware store. CORPORATION Means the Corporation of the Town of Goderich. COUNCIL Means the Council of the Corporation of the Town of Goderich. COUNTY Means the Corporation of the County of Huron. COVERAGE Means “lot coverage” as defined by this By-law. COUNTRY CLUB See Golf Course. COURT Means an open uncovered space bounded on at least two sides by the building or buildings on the lot. CRISIS CARE SHELTER Means a group living arrangement, in a single housekeeping unit, for persons in a crisis situation requiring shelter, protection, assistance, counselling or support and in which it is intended that short term accommodation of a transient nature be provided. A Crisis Care Shelter is licensed, funded or approved by the Province of Ontario. DANGEROUS GOODS Means explosives, flammable or combustible liquids or gases, toxic substances, radioactive material, corrosive or any other product or substance that is considered dangerous to life when handled or transported. DANGEROUS TRADES Means a use which is likely to create danger to health or danger from fire or explosion and chemicals. DATA CENTRE Means a building in which persons are engaged in the management or record keeping of the affairs of a corporation such as a data processing or computer centre or a records management centre, and where no services for business transactions are provided to the general public. DAY NURSERY, DAY CARE CENTRE Means a “day nursery” as defined in the Day Nurseries Act, as amended from time to time. DAYLIGHT OR SIGHT TRIANGLE Means an area free of buildings or structures and which area is to be determined by measuring from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line and the triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylight triangle. DECK Means a structure other than a stoop or balcony accessory to a building, consisting of a platform raised above and supported from ground level, used or intended for use as an accessory outdoor amenity area. DENSITY Means the relationship between the number of dwelling units that may be erected or maintained on a lot under this by-law and the area of the lot, expressed as the number of dwelling units per net hectare and shall be calculated by dividing the number of dwelling units by the lot area, measured in net hectares. Net hectares of land in any project or development shall be defined as the gross hectares of land in such development or project less any land required to be set aside for public streets, laneways, public parks, schools or public or semi-public utilities. 12 DENTIST Means a “dentist” within the meaning of the Dentistry Act. DEPARTMENT STORE Means a store in which major categories of commodities are kept for retail sale in separate areas of the building. DETACHED Means totally separate and in no way connected. DEVELOPMENT Means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out or establishment of a parking lot. Development shall also mean the creation of a new lot. DRAINAGE WORKS Means a drain constructed by an means, including the improving of a natural water course, and including works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake, or pond, and includes a dam, embankment, wall, protective works, or any combination thereof. DRIVE THROUGH FACILITY Shall mean a facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. DRIVEWAY Means a vehicular passageway having at least one end thereof connected to a public thoroughfare, and providing ingress to and/or egress from a lot. DRUGLESS PRACTITIONER Means a “drugless practitioner” within the meaning of the Drugless Practitioners Act. DRY CLEANING ESTABLISHMENT Means a building, or part thereof, in which the business of dry cleaning, dye drying, cleaning or pressing of articles or goods of fabric is carried on, in which only non-combustible and non-inflammable solvents are used, which emits no odours, fumes, noise or vibration causing a nuisance or inconvenience within or outside the premises. A dry cleaning establishment may include a self-service dry cleaning establishment. Such dry cleaning establishments shall not use or store any chemicals on the premises which may be dangerous to the general public, or does not meet the requirements of the Public Health Act. DRY INDUSTRY Means an industry which by nature of its operation, process or fabrication of raw materials or service rendered does not require a water supply other than that available from within the limits of the lot upon which the use is located, does not discharge effluent from the limits of the lot upon which the use is located or from which the only sewage effluent to be dispersed of within the limits of the said lot will be that produced from normal sanitary and eating facilities required for the employees. DWELLING Means a building, or part thereof, designed, intended and occupied as one or more dwelling units but shall not include a travel trailer, mobile home, camper, motor home, hotel or motel. For the purposes of this By-law, permitted dwellings are classified as follows: DWELLING, ACCESSORY Means a dwelling which is accessory to a building or use as permitted by this By-law. DWELLING, APARTMENT Means a building, or part thereof containing 4 or more dwelling units which may share common facilities in the building such as halls and stairways, laundry, storage or recreation rooms, and outdoor parking, amenity and refuse areas. 13 DWELLING, BOARDING OR LODGING Means a single-detached dwelling in which the proprietor or operator may reside and no more than 4 rooms are made available for monetary gain to tenants, but is not open to the general public and does not include a hotel, motel, apartment dwelling, nursing home or home for the aged. DWELLING, TOURIST OR GUEST HOUSE Means a single-detached dwelling in which the proprietor or operator resides and no more than 3 rooms are made available for the temporary accommodation of the travelling or vacationing public and within which meals may be provided to those persons temporarily residing therein, and shall include a Bed and Breakfast establishment, but shall not include a hotel, motel, restaurant or eating establishment. DWELLING, CONVERTED Means a dwelling erected prior to the passing of this By-law which because of size and design the interior has been or can be converted to provide one or more additional dwelling units. DWELLING, DUPLEX Means a separate building containing two dwelling units horizontally attached, each of which has an independent entrance either directly from the outside or through a common vestibule. DWELLING, GROUP HOME Means a residential dwelling for individuals recovering from social, mental or physical problems operated as a single housekeeping unit in a residential area in which three to ten residents, excluding staff or receiving family, live as a family under responsible supervision consistent with the requirements of its residents, but excludes a place of detention, correction or probation for individuals with a criminal history or record provided the group home is: - required to meet a local need; - licensed or approved by the Province of Ontario; - registered by the Municipality; and, - meets all the requirements of all municipal by-laws. DWELLING, HOME FOR THE AGED Means a “home for the aged” as defined under the Homes for the Aged and Rest Homes Act, as amended from time to time and any home for Senior Citizens sponsored or administered by any public agency, or any service club either of which obtains its financing from Federal, Provincial or Municipal Governments or agencies, or by public subscription or donation, or by any combination thereof, and such homes shall include auxiliary uses such as club and lounge facilities usually associated with Senior citizens' developments. DWELLING, MULTIPLE ATTACHED Means a separate building that is divided vertically into three or more dwelling units, each of which has a separate and independent entrance at grade and separated from the adjoining unit or units by a common unpierced wall with no interior access between each dwelling unit and includes a row house or townhouse. DWELLING, NURSING HOME Means a “nursing home” as defined under the Nursing Home Act, as amended from time to time. DWELLING, SEMI-DETACHED Means a separate dwelling containing two dwelling units vertically attached by a common wall which extends from the base of the foundation to the roof line and such common wall is common to each dwelling unit for a horizontal distance of not less than 40% of the horizontal depth of each dwelling unit and each dwelling unit has an independent entrance from the outside. DWELLING, SEMI-DETACHED, LINK Means one of a pair of two single dwelling units attached below grade by means of a common masonry wall connecting the pair of dwelling units, each of which has an independent entrance directly from the outside. DWELLING, SECONDARY UNIT Means a second dwelling unit located above or below grade or both, within a single detached dwelling unit, semidetached dwelling unit, multiple attached dwelling unit or accessory buildings which is a self-contained unit including kitchen and bathroom facilities and which is independently accessible from outside the building or from 14 a common hallway or stairway inside the building and is occupied as a principle residence as independent and separate living quarters. DWELLING, SINGLE-DETACHED Means a completely detached permanent dwelling to which entrance is gained only by a private entrance outside the building and contains only one dwelling unit. DWELLING, SPLIT LEVEL Means a dwelling house in which the first floor above the finished grade is so constructed as to create two or more different levels, the vertical distance between such levels being always less than the full storey. For the purpose of this By-law, a split level dwelling house shall be considered as a one storey single-family dwelling house. DWELLING, TRIPLEX Means a separate building that is no more than three storeys in height and is divided horizontally into three dwelling units, each of which has an independent entrance either directly or through a common vestibule. DWELLING, FOURPLEX Means a separate building consisting of four dwelling units with two units at ground level and two units at second floor level. DWELLING UNIT Means one or more habitable rooms constituting self-contained living quarters for use of one or more individuals including the provision of kitchen and sanitary facilities and sleeping accommodation for the exclusive use of such individual or individuals, and having a private entrance from outside the building or from a common hallway or stairway inside the building. DWELLING UNIT, ACCESSORY Means a dwelling unit which is part of and accessory to a permitted non - residential building as permitted by this By-law. DWELLING UNIT, BACHELOR Means a dwelling unit designed for occupancy by one or two persons and consisting of a bed-living room, a kitchen or kitchenette and a bathroom. DWELLING UNIT, AREA Means the habitable area contained within the inside walls of a dwelling unit, excluding any private garage, carport, porch, verandah, unfinished attic, cellar or sun room (unless such sun room is habitable in all seasons of the year); and excluding public or common halls or areas, stairways and the thickness of outside walls. EASEMENT Means the right of use over the property of another land owner. This may include the right to ingress and egress upon the property of another. EATING ESTABLISHMENT Means a building, or part thereof, used for the serving of food or refreshments to the public, with the serving and consumption of food taking place within the building except for a terrace or patio or other open areas adjacent to the building where the serving and consumption of food and refreshments may take place on a temporary or seasonal basis. EATING ESTABLISHMENT, PORTABLE FOOD OUTLET or MOBILE CANTEEN Means a trailer, tent or vehicle that is designed to be made mobile, from which food is prepared and offered for sale to the public for consumption outside. A portable food outlet may only be permitted in accordance with the corporation licensing By-law. EATING ESTABLISHMENT, RESTAURANT Means a building or structure or part thereof used to prepare food and offer for sale and sell food for immediate consumption within the building or structure, or adjacent patio and may include an accessory take-out service. 15 EATING ESTABLISHMENT, TAKE OUT RESTAURANT Means a building or structure or part thereof where food is prepared and offered for sale to the public from a counter area and/or through a delivery for consumption off the premises. ELEVATION AVERAGE Means the mean height above sea level, calculated along the length of the building or structure. ERECT When used in this By-law includes building, construction, reconstruction and relocation, and without limiting the generality of the word, also includes: - any preliminary physical operation, such as excavating, filling or draining; - altering any existing building or structure by an addition, enlargement, extension or other structural change; and - any work which requires a building permit under The Building By-law of the Corporation. “Erected” and “erection” shall have corresponding meanings. ESTABLISHED GRADE Means the average elevation of the surface of the ground at the base of a building at the front wall exclusive of any embarkment in lieu of steps. On streets where a sidewalk is provided by the Corporation of the Town of Goderich, it is the elevation of the sidewalk grade as fixed by the Corporation of the Town of Goderich. EQUIPMENT SALES AND RENTAL Means a building, or part of a building or structure, in which heavy machinery equipment is offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. EXISTING Means lawfully in existence, being an actuality as of the date of the final passing of this By-law. EXTERNAL DESIGN Means the type, colour, arrangement, shape, texture or pattern of material forming the exterior of a building. EXTRACTIVE USE Means the use of land and/or buildings or structures for the removal of gravel, stone, sand, earth, clay, fill, mineral or other similar substance for construction, industrial or manufacturing purposes; and includes accessory uses. FARM PRODUCE SALES OUTLET Means a fruit, vegetable, flower or farm produce stand used for the sale of agricultural produce, but does not include the sale of livestock. FARMERS MARKET Means a building, part of a building, or an open outdoor area where agricultural produce, food items, plants, and craft items are offered for occasional retail sale on the site by more than one vendor, but does not include a flea market. FEEDMILL Means a mill for the processing, blending, grinding and mixing of grains, seeds and concentrates. FENCE Means a barrier, comprised of wooden, metal or plastic posts, wire mesh or hedge, for example, used as a boundary or means of enclosure. For the purpose of this By-law, a fence shall not be considered as a structure. FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS Means the regulations as defined by the Maitland Valley Conservation Authority or the Ausable Bayfield Conservation Authority. FINANCIAL OFFICE OR INSTITUTION 16 Means any building where money is deposited, withdrawn, kept loaned, invested, an/or exchanged and, without limiting the generality of the foregoing, includes a bank, trust company, finance company, mortgage company or investment company. FLEA MARKET Means an occasional or periodic market held in an open area or in a building or structure, where groups of individual sellers display and offer goods for sale to the public, but does not include a household garage sale. FLOOD, REGULATORY Means the standard of the said Conservation Authority used to define the limit of the flood plain for regulatory purposes. FLOODLINE, REGULATORY Means the limits of the floodplain in the Town, based on a storm centred event equivalent to Hurricane Hazel of 1954. FLOOR AREA Means the sum total area of a floor or floors in the building or buildings on a lot measured from the exterior faces of the exterior walls or from the centreline of the common walls separating two buildings, provided that where a floor area is within a roof structure without external walls, the floor area shall be measured from the exterior face of the vertical perimeter wall. The floor area does not include basements, cellars, attics, garages, verandahs, porches or other similar appurtenant structures and excludes any floor area with a ceiling height of less than 7’0”. Where the natural terrain permits a walkout basement, twenty-five percent (25%) of the floor area of the walkout basement may be considered as habitable floor area. FLOOR AREA, GROSS Means in the case of a dwelling, the aggregate of the areas of all habitable rooms measured from the exterior walls, but excluding any detached accessory buildings, a breezeway, unenclosed sunroom, porch and/or verandah, attic or cellar. In the case of a building other than a dwelling, the aggregate of the area of all floors devoted to retail sales, customer service and/or office use measured from the outside face of exterior walls but excluding storage, accessory office space, mezzanine areas, mechanical rooms, common halls, stairwells, garbage and electrical rooms, parking structures and similar uses ancillary to the main use. The gross floor area in each zone applies only to that portion of such lot that is located within said zone. FLOOR AREA, GROUND Means the floor area of the lowest storey of a building approximately at or first above the average finished grade level, excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but: - excludes car parking areas within the building; and - for the purpose of this paragraph, the walls of an inner court are and shall be deemed to be exterior walls. FLOOR AREA RATIO Means the floor area in square metres of all buildings on a lot, divided by the area of the lot in square metres and expressed as a percentage. FLOOR AREA, RETAIL Means the gross floor area of a commercial building devoted to retail purposes. FOOD PROCESSING, PRIMARY Means the use of lands, buildings or structures for an industrial use where berry, row or field crops are washed, cleaned, screened, sifted graded, waxed, or crushed, but excludes any further processing. FOOD PROCESSING, SECONDARY Means the use of lands, buildings or structures for an industrial use where agricultural produce, including meat and poultry products, are washed, cleaned, dusted, waxed, cooked, steamed or otherwise prepared and packaged and may include the storage and sale of the finished product on the premises but shall not include an abattoir or any other use defined herein. FRONTAGE 17 Means the width of a lot measured along the streetline. FUEL STORAGE DEPOT Means a lot, with or without buildings or structures, whereon fuel tanks are kept or stored on a permanent or temporary basis for the purpose of storing fuels to be used for wholesale or retail distribution, but excludes a motor vehicle service station or other distributor of motor vehicle fuels. FUEL STORAGE TANK Means a tank for the bulk storage of petroleum gasoline, fuel oil, gas or inflammable liquid or fluid but does not include a container for inflammable liquid or fluid legally and properly kept in a retail store or a tank for storage merely incidental to some other use of the premises where such tank is located. FUEL STORAGE SUPPLY YARD Means an above or below ground facility for the bulk storage of petroleum gasoline, fuel, oil, gas or inflammable liquid or fluid, legally kept in such facility. FUNERAL HOME Means a building wherein the deceased are preserved or otherwise prepared for bereavement display or interment by an undertaker and may include a chapel for funeral services. GARAGE, ATTACHED Means a private garage accessory to a dwelling unit on the same lot and attached by a common wall and/or common roof structure and is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to residential occupancy and in which there are no facilities for repairing or servicing such vehicles for remuneration or commercial use and is fully enclosed and excludes a carport or other open shelter; provided, however, for the purpose of determining lines of setback and side yard, an attached garage shall be considered part of the main building. Also for the purposes of this definition, a wall between a house and an attached garage may be considered “common” as long as at least forty percent (40%) of the length of the attached garage wall is common with the dwelling wall. GARAGE, DETACHED Means a private garage, accessory to a dwelling unit on the same lot, which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to residential occupancy and in which there are no facilities for repairing, or servicing such vehicles for remuneration or commercial use, and is fully closed and excludes a carport or other open shelter. For the purposes of determining front yard, rear yard and side yard setbacks, a detached garage shall be considered an accessory building. GARAGE, PUBLIC WORKS Means a municipal or provincial facility used for the storage and servicing of road construction and maintenance equipment and materials. GARDEN SUITE Means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable and permitted in accordance with the Provisions (Section 39) of The Planning Act, as amended from time to time. GASOLINE BAR Means one or more pump islands, each consisting of one or more gasoline pumps, and shelter having a floor area of not more than 20 square metres, excluding washrooms, which shall not be used for the sale of any product other than small convenience items, liquids and small accessories required for the operation of motor vehicles and shall not be used for repairs, oil changes or greasing. GOLF COURSE Means a public or private area operated for the purposes of playing golf and includes a par 3 golf course, driving ranges, miniature courses and associated recreational uses such as a club house, swimming pool and tennis courts. GRADE Means the crown of the road fronting the lot that it serves. 18 GRADE, FINISHED Means the average elevation of the finished surface of the ground at ground level of a building or structure. GREENHOUSE, COMMERCIAL Means a building or structure used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such building or structure, but are sold directly from such a lot at wholesale or retail. GROSS VEHICLE WEIGHT Means the licensed capacity of a commercial motor vehicle and shall include combined weight of a commercial motor vehicle, equipment, fuel, driver, passenger and payload. GROUND FLOOR AREA Means the maximum area of a building measured to the outside walls excluding, in the case of a dwelling house, any private garage, carport, porch, verandah or sun room (unless such sun room is habitable at all seasons of the year). GROUP HOME See “DWELLING, GROUP HOME”. GUEST ROOM Means a room or suite of rooms in a dwelling unit used or maintained for the accommodation of the public and which contain no provisions for cooking. HABITABLE ROOM Means any room within a dwelling unit used or capable of being used for living, eating and sleeping, but excluding a cellar or any portion thereof, bathroom, toilet room, serving or storage pantry, laundry and corridor. HARBOUR Means a deep water coastal facility composed of natural features and man-made structures to provide protection from winds, waves and currents so that ships can be anchored, loaded and unloaded. HARBOUR COMMERCIAL USE Means a commercial use which has a demonstrable need for direct access to a deep water port and connecting bulk transportation facilities such as docks and rail lines. HARBOUR INDUSTRIAL USE Means an industrial use which has a demonstrable need for direct access to a deep water port and connecting bulk transportation facilities such as docks and rail lines, excluding an open storage facility, grain drying plant or a country elevator. HAZARD LANDS (NATURAL) Means lands that could be unsafe for development and site alteration due to naturally occurring processes associated with flooding, erosion, dynamic beaches, unstable soils or bedrock. Hazard lands include (but are not limited to) the Lake Huron 100 year flood level, wave uprush, dynamic beaches; and steep slopes associated with the shoreline and valleylands, floodplains and organic soils. HERITAGE CONSERVATION DISTRICT Means a district as defined under Section V of the Ontario Heritage Act, as amended from time to time. HISTORIC SITE Means an area containing buildings or places in which historic events occurred, or having special public value because of notable architecture or features relating to the cultural or artistic heritage of the community. HOME FOR THE AGED -- See DWELLING, HOME FOR THE AGED. HOME OCCUPATION Means an occupation conducted entirely within a dwelling on the same lot only by the occupant(s) of the dwelling subject to the following conditions: 19 - such home occupation is clearly secondary to and compatible with the principal use of the dwelling for residential purposes; no external alteration of the dwelling shall be permitted such as the inclusion of any specialized structure, ramps or oversize entrances which will change the character of the dwelling unit as a private residence; there shall be no external display of goods, materials, wares or merchandise, or exterior advertising other than a legal sign to indicate to persons outside that the dwelling or lot is being used for other than residential purposes; such home occupation shall not create a nuisance or hazard to neighbours by reason of noise emission, vibration, smoke, dust, fumes, odour, heat, humidity, glare, debris, refuse, fire, lighting, interference with radio or television reception, or hours of operation; such home occupation shall not result in volumes of vehicular traffic or on-street parking which cause the disruption of normal activities of adjacent residential properties; there shall be no use of municipal services such as roads, sanitary and storm sewers, water supply and utilities such as hydro and gas, or the generation of waste and refuse beyond that normal to the use of property for residential purposes; there shall be no mechanical or other equipment used except that which is customarily used in dwellings for domestic or household purposes; no outdoor storage of materials or goods in support of such home occupation shall be permitted; not more than twenty-five percent (25%) of the gross floor area of the dwelling shall be used for the purposes of the home occupation; an animal kennel shall not be deemed to be a home occupation; such home occupation shall meet all of the requirements of this By-law including the parking provisions of Section 6.13.; such home occupation does not include the keeping of boarders or roomers. no person, other than an occupant is engaged in canvassing, delivering or as a go-between in distributing merchandise to customers; there are no goods, wares or merchandise offered or exposed for sale or rent on the premises; and, prior to the establishment of any home occupation use, the occupant must obtain a statement of conformity from the Municipality and a building permit where required for the change of use. HOSPITAL Means a “hospital” as defined under the Public Hospitals Act or under the Private Hospitals Act, as amended from time to time. HOTEL Means a building, part of a building, or a group of buildings used mainly for the purposes of catering to the needs of the traveling public by supplying food and furnishing sleeping accommodation of not less than six guest rooms, without private cooking or housekeeping facilities but with permanent staff accommodation, dining, dancing, convention and other public rooms, licensed under The Liquor Licensing Act, parking and recreational facilities and provided that each guest room may only be entered from the interior of the building or buildings. A hotel shall not include a boarding house, a rooming house, a tourist home or a motel. HOUSEHOLD GARAGE SALES Means the sale held by the occupant of a dwelling unit, on his own premises, of household goods belonging to him and not merchandise which was purchased for resale or obtained on consignment, subject to the following conditions: - no person shall conduct more than two household sales per calendar year on his own premises; - no household sale shall exceed one day’s duration. IMPROVED STREET Means a street assumed for maintenance purposes by the Corporation which has been constructed in such a manner as to permit its use by normal vehicular traffic. The definition shall not include a lane or private right-ofway. INDUSTRIAL USE, GENERAL Means the use of land, building or structure for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale of any goods, substance, article or thing, including the storage of building and construction equipment and materials, but not including any obnoxious industry. 20 INDUSTRIAL USE, LIGHT Means the use of land, buildings or structures for non-offensive manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale of any goods, substance, article or thing, but shall not include any obnoxious industry. INDUSTRIAL MALL Means a building or group of buildings designed, developed, owned and managed as a unit containing three or more separated spaces for lease or occupancy by industrial uses as established by this By-law. KENNEL Means a place where dogs and other domestic animals other than livestock are bred and raised, and are sold or kept for sale or boarded. LANDSCAPED OPEN SPACE Means open space comprised of lawn and/or ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts and patios, and swimming pools but shall not include parking areas, traffic aisles, driveways, ramps, or storage of equipment, vehicles or other materials. LANDSCAPING Means a combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property and to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land but does not include parking areas, patios, walkways, driveways, traffic aisles or ramps. LANE Means a public thoroughfare which affords only a secondary means of access to abutting lots and which is not intended for general traffic circulation. LAUNDROMAT Means a building containing machines for washing and drying clothes by the general public, but excludes a laundry room intended for use only by specified persons. LIBRARY Means a library branch or distributing station as defined by the Public Libraries Act. LIVESTOCK Means chickens, turkeys, cattle, hogs, horses, mink, rabbits, sheep, goats or any other domestic animal used for consumption, but excludes domestic pets. LOADING DOCK Means that area of a platform or other structure adjacent to or within a building or structure that is used or intended to be used for unloading from, or loading onto, a truck, railway car, or other vehicle, goods, articles, things or substances. LOADING SPACE Means an off-street space on the same lot as the building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, lane or other appropriate means of access. LOT Means a parcel of land, described in a registered deed or shown on a registered plan of subdivision, including any of its parts which are subject to right-of-way or easement that is capable of being legally conveyed. (SEE APPENDIX 3 FOR ILLUSTRATION) LOT AREA Means the total horizontal area within the limits of a lot, and for the purpose of this definition the lot area in each zone shall apply only to that portion of such lot which is located within said zone unless otherwise specified. LOT, CORNER 21 Means a lot situated at the intersection of two streets, of which two adjacent sides that abut the intersection streets, contain an angle of not more than 135 degrees and where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, provided that: - in the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents; and - any portion of a corner lot distant more than thirty (30) metres from the corner, measured along the street line shall be deemed to be an interior lot. LOT COVERAGE Means that percentage of the lot area, covered by the horizontal projections of the area of all buildings, not including overhangs which do not extend more than one metre from the main wall. LOT DEPTH Means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, “lot depth” means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. When there is no rear lot line, “lot depth” means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. LOT FRONTAGE Means the horizontal distance between the side lot lines, such distance being measured perpendicularly to the line joining the middle of the front lot line with either the middle of the rear lot line or the apex of the triangle formed by the side lot lines and measured at a point the minimum front yard distance from the front lot line. LOT, INTERIOR Means a lot other than a corner lot. LOT LINE Means any boundary of a lot or a vertical projection thereof. LOT LINE, FLANKAGE Means the side lot line which abuts the street on a corner lot. LOT LINE, FRONT Means the lot line that abuts the street. - In the case of a corner lot, the lot line that abuts the wider street or abuts a provincial highway shall be deemed to be the front lot line. In cases where this is not practical or desirable, the municipality may designate either street line as the front lot line; - In the case of a corner lot abutting a .3 metre reserve, the lot so abutting the .3 metre reserve shall be deemed an exterior side lot line and the other line abutting the street shall be deemed the front lot line; - In the case of a through lot, the longer boundary dividing the lot from the street shall be deemed to be the front line and the opposite shorter boundary shall be deemed to be the rear lot line. In case each of such lot lines should be of equal length, the Municipality may designate either street line as the front lot line. LOT LINE, REAR Means the lot line furthest from or opposite the front lot line. LOT LINE, SIDE Means a lot line other than a front or rear lot line. LOT, THROUGH Shall mean a lot bounded on two opposite sides by a street. If any lot qualifies as being both a “lot, corner” and a “lot, through” as hereinbefore defined, such lot shall be deemed a “lot, corner” for the purpose of this By-law. LOT WIDTH Means the shortest horizontal distance between the side lot lines. LOT OF RECORD Means a lot or parcel of land that can legally be conveyed and which includes lots on a registered plan of subdivision, parcels created by consent in accordance with The Planning Act or any other distinct and separate 22 holding, the deed to which is registered in the Land Registry Office and which lot or parcel of land was legally created prior to the date of passing of this By-law. For the purposes of this definition, lots of record shall not include those lots on a registered plan of subdivision which has been deemed not to be a registered plan of subdivision for the purposes of The Planning Act, 1983. MAIN BUILDING Means the building designed or used for the principal use on the lot. MAIN WALL Means the exterior front, side or rear wall of a building or structural members essential to the support of a fully enclosed space or roof (where such members are nearer to a lot line than the said exterior wall). MARINA Means an establishment located on the shore of a body of water which provides docking or mooring space or structures for all types of marine pleasure craft and may include electricity, water and sewer services for these craft as well as fueling facilities; such an establishment may also include those services and structures related to in-water and dry storage of marine pleasure craft and the sale, service and repair of such craft and commercial functions related to the boating public which are accessory and subordinate to the use of the site as a boating facility. MOBILE HOME Means any mobile structure designed to be towed on its own chassis (notwithstanding that its running gear is or may be removed). MOBILE CANTEEN Means a vehicle from which food or drink is offered for sale to the public and, where required, a licence has been obtained from the Municipality. MODULAR HOME Means a prefabricated dwelling set on a full permanent foundation; such home to be constructed by conventional construction methods and in accordance with the Ontario Building Code. MONASTERY Means a building occupied as a common residence for persons of a religious order. MOTEL Means a building or a group of two or more detached or semi-detached buildings designed and used mainly for catering to the needs of the traveling public by furnishing sleeping accommodation of not less than six guest rooms with or without supplying food, and may include permanent staff accommodation, dining, dancing, convention and other public rooms licensed under The Liquor Licensing Act, parking and recreational facilities and provided that each guest room may be entered directly from the exterior of the building. A motel shall not include a boarding or rooming house, a tourist home or a hotel. MOTOR HOME Means a self-propelled vehicle designed for temporary living, sleeping and eating accommodation of persons and includes a camper pickup and camper van. MOTOR VEHICLE Means automobile, truck, motorcycle or motorized snow vehicle, but does not include the cars of electric or steam railways, or other vehicles running only on rails, or a traction engine, farm tractor, self-propelled farm machinery or road building machinery. MOTOR VEHICLE, COMMERCIAL Means any motor vehicle having permanently attached thereto a truck or delivery body and without limiting the generality of the foregoing includes: ambulances, hearses, motor buses and tractor trailers and tractors used for hauling purposes, but excludes travel trailers and motor homes, as defined herein. MOTOR VEHICLE REPAIR ESTABLISHMENT 23 Means a building and/or lot where the rebuilding, repair or reconditioning of motor vehicles, or parts thereof, including collision service, painting and steam cleaning, is carried on but does not include a motor vehicle service station or wrecking yard. MOTOR VEHICLE SALES AND SERVICE ESTABLISHMENT Means a building and/or lot used for the display and sale of new or used motor vehicles, and/or the servicing, repair, cleaning, polishing and greasing of these products, the sale of accessories and related products, the leasing or renting of motor vehicles and the retail sales of motor vehicle lubricants and fuels. MOTOR VEHICLE SERVICE STATION Means a retail place of business, the prime function of which is the sale of automotive fuels and products and/or providing repair service and maintenance to motor vehicles, excluding body and fender work. MOTOR VEHICLE WASHING ESTABLISHMENT Means a building and lot used for the washing or cleaning of motor vehicles by motor vehicle washing equipment with a capacity greater than five cars per hour, and may include the sale of fuels to motor vehicles, but shall not include any other automotive use defined in this By-law. MOTOR VEHICLE WRECKING ESTABLISHMENT Means a “salvage yard” as defined in this By-law, in which three or more unlicensed derelict vehicles are stored outdoors. MOVIE VIDEO RENTAL OUTLET Means a building used for the rental of video cassettes and video cassette players/recorders/screens but does not include the sale of electronic home entertainment equipment. MUNICIPAL DRAIN Means a watercourse or sewer which carries storm surface water and drainage and includes a storm sewer but does not include a sanitary sewer as defined herein. MUNICIPALITY Shall mean the Corporation of the Town of Goderich. NATURAL ENVIRONMENT Means open space areas which: - form fragile natural environments which are unsuitable for development or have a limited development potential because of physical limitations such as organic soils, steep slopes and susceptibility to flooding and erosion; or - form unique natural features such as woodlots, aquifers, fish and wildlife habitats and highly scenic landscapes which should be protected and conserved in the public interest. NAVIGABLE WATERWAY Means a navigable body of water or stream as deemed under The Beds of Navigable Waters Act. NON-COMPLYING Means a use, building or structure, permitted by the provisions for the zone in which such use, building or structure is located, which does not meet the zone provisions with respect to yards, lot area, frontage, parking, setback or any other provision of this By-law applicable to that zone. NON-CONFORMING Means a use, building or structure not permitted by the permitted use provisions of this By-law for the zone in which such use, building or structure is located, as of the date of passing of this By-law. NON-OFFENSIVE Means a use or uses which by operation is not offensive to surrounding uses due to noise, odour, dust, smell or any other characteristic. NURSING HOME 24 Means any building maintained and operated where lodging, meals and nursing care are provided for 2 or more persons, licensed under the Nursing Homes Act, as amended from time to time. NURSERY/ GREENHOUSE Means the use of lands, buildings or structures, or portions thereof, where trees, shrubs or plants are grown for the purpose of retail or wholesale trade. A nursery may include the accessory sale of soil, planting materials, fertilizers, garden equipment, ornaments and similar materials. NURSERY SCHOOL Means a “day nursery” within the meaning of the Day Nurseries Act, as amended from time to time. OBNOXIOUS USE Means an offensive use or trade within the meaning of the Public Health Act and the Environmental Protection Act which regulates uses that by reason of emission of airborne or waterborne odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot or waste, or the depositing or leaving of unsightly objects or chattels on land, which may be hazardous or injurious as regards health or safety or which prejudices the character of the surrounding area or interferes with or may interfere with the normal enjoyment of any use of land, building or structure. OCCUPANCY CHANGE Means the change in the use of any land or building. OFFICE, BUSINESS or PROFESSIONAL Means any building, or part of a building, in which professionally qualified persons, technical assistants and clerical staff are employed and where clients or patients go for advice, consultation, or treatment. A business or professional office shall exclude such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement. A business or professional office shall include, but is not limited to, an accountant, advertising agent, architect, auditor, chiropractor, dentist, engineer, insurance agent, lawyer, optometrist, physician, real estate agent, or surveyor but shall not include the uses of a Personal Service Shop or Service Shop. OFFICIAL PLAN Means the Official Plan for the Town of Goderich, including amendments thereto as adopted by Municipal Council and as approved by the County of Huron. OPEN SPACE, USABLE Means an area of land on the site which is suitable for landscaping, including any part of the site occupied by recreational accessory buildings, any surfaced walk, patio or similar area, any sports or recreational area, any ornamental or swimming pool, and the roof or other part of a building or structure open to the air and suitable for landscaping and used as a recreational area, but excluding any driveway or ramp, whether surfaced or not, any curb, retaining wall, motor vehicle parking area or loading space. OPEN STORAGE Means the uncovered storage or display of goods, merchandise or equipment in the open air and in unenclosed portions of buildings which are open to the air on the sides. OPEN WATER ENVIRONMENT Means that area in the Town of Goderich located between the shoreline and the municipal corporation limit covered by the water of Lake Huron and the Maitland River. OUTDOOR DISPLAY Means the open air display of goods or merchandise for sale. OWNER Means the person who holds legal title to a piece of property. PARK, PRIVATE Means a non-commercial recreational area other than a public park used by the owner and his guests, and may include therein a swimming pool, wading pool, picnic area, tennis courts, a bowling green or similar open space uses. 25 PARK, PUBLIC Means a recreational area owned or controlled by the Corporation or by any board, commission or other authority established under any statute of the Province of Ontario, or any religious, charitable or philanthropic organizations. PARKING AISLE Means a portion of a parking area which abuts on one or more sides parking spaces to which it provides access and which is not used for the parking of vehicles. PARKING AREA OR LOT Means an area, whether or not within a building or structure but other than a public street, used for the temporary parking of currently licensed vehicles and which shall be available and maintained for such parking, including parking spaces, ingress and egress lanes, and aisles but shall not include any part of a public street or lane or a sales lot for new or used motorized vehicles. PARKING SPACE Means a space on which a motor vehicle may be temporarily parked. For ‘Parking Area Regulations’ see General Provisions. PERMITTED Means permitted by this By-law. PERSON Means any individual, association, partnership, corporation, municipal corporation, agent or trustee and the heirs, executors or other legal representative of a person to whom the context can apply accordingly to law. PHYSICIAN Means a person licensed under the Medical Act. PIT Means a place where unconsolidated gravel, stone, earth, clay, fill, mineral, consolidated rock or other material is being or has been removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes. PLACE OF ENTERTAINMENT Means places such as a motion picture or other theatre, auditorium, billiard or pool room, bowling alley, ice or roller skating rink, or dance hall, but does not include any place of entertainment or recreation otherwise defined or classified in this By-law. PLANT, HOT MIX Means a building or structure used for the manufacturing of asphalt in a form suitable for the immediate use in the paving of roads or driveways and the damp-proofing of buildings and structures. PLANT, READY MIX Means a building or structure used for the manufacturing of concrete in a form suitable for the immediate use in the construction of buildings, structures, roads or driveways. PLANTING STRIP Means an area which shall be used for no purpose other than planting a row of trees or a continuous unpierced hedgerow of evergreens or shrubs, immediately adjacent to the lot line or portion thereof along which such planting strip is required. PRIVATE CLUB Means a building or part of a building used as a meeting place for members of a chartered organization, and shall include a lodge, a fraternity or sorority house, hostel and a labour union hall. PRIVATE GARAGE OR CARPORT 26 Means a detached accessory building or portion of a dwelling house which is designed or used for the sheltering of private motor vehicles and storage of household equipment incidental to the residential occupancy. PROFESSIONAL OFFICE Means any office where professionally qualified persons (technical assistants and clerical staff) are employed and where clients or patients go for advice, consultation or treatment. PROVINCIAL HIGHWAY Means a street under the jurisdiction of the Ministry of Transportation of the Province of Ontario. PUBLIC AUTHORITY Means the Council and any school board, public utility commission, transportation commission, public library board, board of parks management, board of health, planning board or other board or commission or committee of the Town of Goderich established or exercising any power or authority under any general or special statutes of Ontario with respect to any of the affairs or purposes of the Municipality or a portion thereof, and includes any committee or local authority established by by-law of the Municipality. PUBLIC BUILDING Means any building owned or leased and occupied by the Corporation of the Town of Goderich, the Corporation of the County of Huron, the Province of Ontario or the Government of Canada. PUBLIC WORKS GARAGE Means a municipal or provincial facility used for the storage and servicing of road construction and maintenance equipment and materials. PUBLIC HOSPITAL Means a “public hospital” within the meaning of the Public Hospitals Act. PUBLIC LIBRARY Means a “public library” within the meaning of the Public Libraries Act. PUBLIC UTILITY Means a waterworks, a water supply system, sewage works, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system, a transportation system or a telephone system, and includes any lands, buildings or equipment required for the administration or operation of any such system. PUMP ISLAND Means that portion of an automobile service station, public garage or portion of a non-residential use for the retail sale of automotive fuels, which includes the fuel pumps, concrete base, overhead canopy and kiosk, but shall not include any part of any building for the repair or service of vehicles. RECREATION, ACTIVE Means the use of land, water and/or building for the purpose of organized active leisure activities and shall include an arena, a golf course, a sports field and motorized vehicle trails. RECREATION, PASSIVE Means the use of land and/or water for the purpose of passive leisure activity and shall include a park, a garden, a picnic area and the like, equestrian and hiking trails, as well as a playlot with activity equipment for children. RECREATIONAL TRAILER CAMPSITE Means any land: - upon which are located two or more travel trailers or park model trailers not exceeding 12 metres in length; - does not permit a mobile home; - such trailers are used or intended to be used for temporary human occupancy for overnight, short term or seasonal accommodation; - no trailer shall be the occupant’s principal residence; 27 - occupancy shall not exceed 2 days per week per trailer during the months of December, January and February of any year; notwithstanding the above, not more than two in total of the travel trailers or park model trailers may be used for year round occupancy by the owners/operators of the site; includes ancillary commercial, laundry, social and recreational facilities, and such site is not supplied with the full complement of municipal services. REDEVELOPMENT Means development subsequent to the total or partial removal of buildings from land. REFRESHMENT STAND Means a food stand, booth or temporary set-up from which food or drink is for sale or prepared for sale to the public, but that is not a restaurant or mobile canteen. RENOVATION Means the repair and restoration of a building to good condition within existing external walls but shall not include its replacement. RESIDENTIAL USE Means the use of a building or structure, or parts thereof, as a private dwelling. RESTAURANT – see EATING ESTABLISHMENT RECREATIONAL VEHICLE Means a vehicle designed and intended to be used for recreational purposes and includes, without limiting the generality of the foregoing, motor homes, recreational vehicles, trailers, campers, all-terrain vehicles or motorized snow vehicles, but excludes bicycles, motorcycles, and motor assisted bicycles. RECREATIONAL VEHICLE SALES OR SERVICE ESTABLISHMENT Means an establishment having as its main use the sale, rental or leasing, and servicing of recreational vehicles. RECYCLING CENTRE Means a building or an area where materials, excluding motor vehicles and farm machinery, are collected, separated and processed. REGULATED AREA – see ‘Conservation Authority Regulated Lands, CARL’ REST HOME Means a building or portion of a building other than a public or private hospital operated under the provisions of the Homes for the Aged and Rest Homes Act or Retirement Homes Act, as amended from time to time. RETAIL STORE Means a building, or part of a building, in which goods, wares, merchandise, substances or articles are kept for sale, to the public and uses accessory thereto. RETAIL SALES OR SERVICE AREA Means floor area where goods and services are made available for sale but shall not include storage areas. RETIREMENT HOME OR RESIDENCE Means a building or part thereof, containing retirement dwelling units and where common dining and lounge areas are provided for the residents, together with other communal facilities, under the supervision of staff, but which shall not include a Nursing Home, licensed under the Nursing Homes Act, as amended from time to time. A retirement dwelling unit is defined as one or more habitable rooms with separate sanitary facilities and a separate entrance from a common hallway. RIGHT-OF-WAY, PUBLIC Means a private road which affords access to abutting lots and does not include a lane, road, street or highway. ROAD, STREET OR HIGHWAY (PUBLIC) 28 Means a road which has been assumed by the Ministry of Transportation and Communications, the County of Huron or the Town of Goderich and shall mean such public highway, street or road as affords the main means of access to any lots abutting thereon. For the purpose of setbacks, an unopened or unassumed street allowance shall also be considered a road, street or highway (public). SALT EVAPORATION ESTABLISHMENT Means a building or facilities for the extraction, evaporation, processing, manufacturing and distribution of salt or salt by-products. SALVAGE YARD Means a lot and/or premises for the storage and/or handling and/or sale of scrap or used materials, which without limiting the generality of the foregoing, shall include waste paper, rags, wood, bottles, bicycles, vehicles, tires, metal and/or other scrap material and salvage and includes a junk yard, scrap metal yard and a motor vehicle wrecking establishment (as defined in this By-law), including ancillary automotive sales and service establishment and premises. SANITARY SEWER Means an adequate system of underground conduits, operated by the Corporation or by the Ministry of the Environment, which carries sewage to an adequate place of treatment. SCHOOL Means an academic school authorized under the Education Act. SCHOOL, COMMERCIAL Means a school other than an academic school where instruction is given for hire or gain and includes the studio of a dance teacher or music teacher, an art school, business school. SCHOOL, COMMERCIAL TRADE Means a school, other than an academic school, where practical instruction or training is given for manual labour, trades, and crafts, such as carpentry, plumbing, and electrical trades, but does not include arts or performing arts or business schools. SELF-SERVICE STORAGE WAREHOUSE Means a building or buildings divided into independent storage units rented or leased to persons for the storage of goods, wares, merchandise, foodstuffs, substances, articles or things but shall not include the storage of fuels, solvents, paints or other flammable, hazardous, or explosive substances. SEPARATION DISTANCE Means the horizontal distance between buildings or structures measured from the closest point on the exterior wall or such buildings or structures. SEPARATION DISTANCE, GROUP HOME Means a separation distance of 300 metres must be maintained from the limit of the lot containing such group home, to the limit of the lot containing another group home, unless otherwise stated on this By-law or amendments thereto. SERVICE INDUSTRY Means an establishment set up to perform cleaning, maintenance, renovation or repair on an existing product, but does not include any automotive uses as defined by this By-law. SERVICE AND REPAIR SHOP Means an establishment wherein articles of goods such as appliances, furniture or similar items may be repaired or serviced. This definition shall not include any retail component or manufacturing operation, small engine repair or establishment used for the service or repair of motor vehicles. Sales which are incidental and accessory to the use shall be permitted provided the retail portion of the business is limited to ten percent (10%) of the gross floor area or ten square metres, whichever is less. SERVICE SHOP, PERSONAL a) Means a building wherein a service is performed directly to an individual, and includes, without limiting the generality of the foregoing, a barber shop, a beauty salon, a tanning salon, a manicurist or a beautician’s 29 establishment but does not include any adult entertainment parlour as defined herein. Sales which are incidental and accessory to the use shall be permitted provided the retail portion of the business is limited to ten percent (10%) of the gross floor area or ten square metres, whichever is less. b) Means a building wherein a service is provided for the alteration, care, making of, and repair of wearing apparel, and includes, without limiting the generality of the foregoing, a shoe repair shop, a tailor or dressmaking shop, a furrier, but does not include any adult entertainment parlour as defined herein. SETBACK Unless otherwise stated, means the horizontal distance from the centreline of the street allowance, measured at right angles to such centreline to the nearest part of any building or structure on the lot, and extending the full width or length of the lot. SEWAGE DISPOSAL FACILITIES Means a system of underground pipes or conduits and related pumping and treatment facilities operated by the Town of Goderich and/or the Ontario Ministry of the Environment for public use for the treatment and disposal of storm and/or sanitary sewage. SEWAGE DISPOSAL SYSTEM, PRIVATE Means a sanitary disposal system including a septic tank and tile bed disposal system approved by the County of Huron. SHOPPING CENTRE Means a group of commercial establishments conceived, designed, developed and managed as an interdependent and inter-related unit whether by a single owner or tenant or by a group of owners or tenants, acting in collaboration and shall include a parking lot. SIGN Means a name, identification, description, device, display or illustration which is affixed to, or represented directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place, activity, person, institution, organization or business. SIGHT OR DAYLIGHT TRIANGLE Means an area free of buildings or structures and which area is to be determined by measuring from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line and the triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylight triangle. SITE PLAN Means a scaled drawing showing the relationship between the lot lines and the uses, buildings or structures existing or proposed on a lot, including such details as parking areas, driveways, walkways, landscaped areas, building areas, minimum yards, building heights, floor areas, densities, exterior desgn and areas for special uses. SOLAR COLLECTOR Means a device or combination of devices and/or structures that transforms solar energy into thermal, chemical or electrical energy. SOLAR ENERGY Means radiant energy received from the sun. SOLAR ENERGY SYSTEM Means a system designed for the collection, storage and distribution of solar energy. STORAGE YARD Means an area outside of an enclosed building where construction materials and equipment, solid fuels, lumber and new building materials, monuments and stone products, public service and utility equipment, or other materials, goods, products, vehicles, equipment or machinery are stored, piled, handled, sold or distributed as an accessory use to the primary use located on the property. Any storage yard shall be screened by a masonry wall or wood fence not less than 1.8m high so that the contents of the storage yard will not be visible from any public 30 street. A storage yard shall not include a "salvage yard", "vehicle wrecking yard" or "vehicle storage yard" as defined in this By-Law. STOREY Means that portion of a building between any floor and the floor, ceiling or roof next above, provided: a) that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least 1.8 metres above average grade, and b) that any portion of a storey exceeding four (4) metres in height shall be deemed an additional storey for each four (4) metres or fraction thereof of such excess, excluding lands within the C4 (Core Area Commercial) or C5 (Mixed Use Core Area Commercial) zones. STOREY, HALF Means a portion of a building located wholly or partly within a sloping roof having a floor area of not less than one-third or more than two-thirds of the floor area of the storey next below, sidewalls not less than 1.2 metres of height and a ceiling with a minimum height of 2.3 metres over an area equal to at least fifty percent (50%) of its floor area. STORM SEWER Means a system of underground conduits which carry storm surface water and storm drainage, but which does not carry sanitary sewage or industrial waste. STREET See “Road, Street or Highway (Public)”. STREET LINE Means the boundary line between a street and a lot. STRUCTURE Means anything that is erected, built or constructed of parts joined together or any such erection fixed to or supported by the soil and/or any other structure. For the purposes of this By-law, “structure” does not include a fence, retaining wall, hedge, light standards or signs. SWIMMING POOL Means any body of water located outdoors, contained by artificial means, and having a depth of greater than .6 metres at any point, and used and maintained for the purpose of swimming, wading, diving or bathing. TAVERN OR PUBLIC HOUSE (PUB) Means a tavern or public house as defined by the Liquor License Act as amended, but does not include a hotel, motel or eating establishment. TEMPORARY BUILDING Means a building or structure intended for removal or demolition within a prescribed time not exceeding two years as set out in a permit issued by the Municipality. TEMPORARY USE Means the use of land, building or structure for a construction office, tool shed, or for the storage of scaffolds, equipment and material which is incidental to and necessary for construction work in progress for so long as the same are necessary for the construction work which has neither been finished nor abandoned on the same lot. “Abandoned” means the failure to proceed expeditiously with the construction of a work. TENANT Means a person or group who occupies a building, structure or land by rental agreement. TERMS All terms used in this By-Law, which are not otherwise specifically defined, shall have the meanings given to them by the Planning Act and the Condominium Act at the relevant point in time. 31 THEATRE Means an establishment which produces/performs plays, films and live theatre productions along with any appropriate accessory uses used in performance productions and management; in addition, an accessory art gallery and food concession may be permitted. TIRE SALES ESTABLISHMENT Means a retail establishment that sells and services tires and related products to the general public. TOP-OF-BANK Means a line delineated at a point where the oblique plane of the slope meets the horizontal plane. TOURIST HOME – See “DWELLING, GUEST OR TOURIST HOME”. TOWN OF GODERICH COMMITTEE OF ADJUSTMENT Shall mean a committee appointed by Council by by-law. TRACTOR TRAILER Means a truck consisting of a self-propelled tractor, and having temporarily attached thereto, a trailer consisting of one or more axles designed to be pulled by the tractor for the purposes of carrying goods and materials. This definition shall not include a commercial motor vehicle as defined herein. TRAILER CAMP OR PARK Means any land upon which overnight, short term or seasonal accommodation for two or more travel trailers used or intended to be used for human occupation is provided and includes ancillary commercial laundry, social and recreational facilities. TRANSFER GRAIN ELEVATOR Means a facility for the storage and transshipment of grain, and also includes secondary cleaning and drying of grain. TRAVEL TRAILER Means a structure or vehicle designed, intended and used exclusively for the temporary or seasonal living, sleeping or eating accommodation of persons therein, during travel, recreation and vacation and which is either capable of being drawn by a passenger vehicle or is self-propelled and shall include tent trailers, vans, motor homes and similar transportable accommodation excepting a mobile home. TRAVEL TRAILER SALES ESTABLISHMENT Means a building, structure or lot used for the display and sale of travel trailers and includes the servicing or repair of said travel trailers. TRUCK TERMINAL Means a building or place where trucks or transports are rented, leased, loaded and unloaded, kept for hire or stored or parked for remuneration or from which trucks or transports are dispatched as common carriers or where goods are stored temporarily for further shipment. UNDERTAKING ESTABLISHMENT Means any premises where a deceased human body is prepared for internment or cremation. USE Means the purpose for which any land, building, structure or premises, or part thereof, is arranged, designed or intended to be used, or is or may be occupied or maintained and the words “used”, “to use” and “uses” have a corresponding meaning. UTILITY SERVICE BUILDING Means a building used in connection with the supplying of local utilities services including a water or sewage pumping station, a water storage reservoir, a gas regulator building, a hydro sub-station, a telephone building for exchange, long distance or repeater purposes (but does not include major hydro transmission lines and transformer stations of 230kv or more). 32 VETERINARIAN Means a “veterinarian” within the meaning of the Veterinarian Act. VETERINARIAN’S CLINIC Means a building or part thereof wherein animals of all kinds are treated or kept for treatment by a registered veterinarian, and where such animals can be temporarily boarded. VIDEO RENTAL ESTABLISHMENT Means a building where videos, cassettes, video games or similar items intended for home entertainment are rented to the general public. Retail sale of these items is also permitted within the same building. WAREHOUSE Means a building, or part thereof, which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, food stuff, substances, articles or things, but does not include a fuel storage tank except as an accessory use. WASTE DISPOSAL SITE Means any land approved by the Ontario Ministry of the Environment upon, into or in which waste may be deposited or processed. WATERCOURSE Means the natural channel for a stream of water and, for the purposes of this By-law, includes open municipal drains. WATER SUPPLY Means a distribution system of underground piping and related storage, including pumping and purification appurtenances owned and operated by the Town of Goderich and/or the Ontario Ministry of the Environment for public use. WATER TREATMENT FACILITY Means a building or structure, approved by a public agency, where water is purified or treated for human consumption, and includes a water pumping station. WHOLESALE USE Means any establishment which sells merchandise to others for resale and/or to industrial or commercial users. WIND ENERGY FACILITY Means any device and related equipment or appurtenances that is used, or designed to be used, for the production of electrical power where wind is the energy source, including windmills, vertical axis wind turbines and horizontal axis wind turbines. YARD Means a space, appurtenant to a building or structure, located on the same lot as the building or structure, and which space is open, uncovered and unoccupied from ground to sky except for such accessory buildings, structures or uses as are specifically permitted elsewhere in this By-law. (SEE APPENDIX 4 FOR ILLUSTRATION) YARD, FRONT Means a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any main building or structure on the lot. YARD, FRONT DEPTH Means the least horizontal dimension between the front lot line of the lot and the nearest part of any main building or structure on the lot. YARD, REAR 33 Means a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any main building or structure on the lot. YARD, REAR DEPTH Means the least horizontal dimension between the rear lot line of the lot and the nearest part of any main building or structure on the lot. YARD, SIDE Means a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest part of any main building or structure on the lot. YARD, SIDE WIDTH Means the least horizontal dimension between the side lot line of the lot and the nearest part of any main building or structure on the lot. YARD, SIDE EXTERIOR Means a side yard immediately adjoining a street. YARD, SIDE INTERIOR Means a side yard other than an exterior side yard. ZONE Means an area delineated on the Zoning Map or Zoning Map Schedules and established by this By-law for a specific use. ZONING ADMINISTRATOR Means the officer or employee of the Corporation charged with the duty of administering and enforcing the provisions of this By-law. 34 SECTION 3. APPLICATION, ADMINISTRATION AND ENFORCEMENT 3.1. APPLICATION 3.1.1. The provisions of this By-law shall apply to all lands within the boundaries of the Corporation of the Town of Goderich. 3.1.2. No person shall use any land, or erect, alter or use any building, structure, or part thereof, within the limits of the Corporation of the Town of Goderich except in conformity with the provisions of this By-law. 3.1.3. No person shall use any building, structure or part thereof, erected or altered in contravention of this By-law so long as such building, structure or part thereof, continues to contravene the provisions of this By-law. 3.1.4. No lot shall be reduced in area by the conveyance, mortgage or other alienation of a part thereof so that any remaining yard or other open space is less than that required by this By-law. If any such reduction occurs, such lot and any building or structure thereon shall not thereafter be used by any person unless and until the said yard or requirements of this By-law are complied with. 3.1.5. Subsection 3.1.4. shall not apply to a lot reduced in area by the conveyance to or expropriation by the Corporation of the Town of Goderich or any other authority having the powers of expropriation. 3.1.6. No person shall change the purpose for which any lot, building or structure is used, or erect, alter or use any building or structure, or sever any lands from any existing lot, if the effect of such action is to cause the original, adjoining, remaining or new building, structure or lot to be in contravention of this By-law. 3.2. ADMINISTRATION This By-law shall be administered and may be enforced by a Zoning Administrator appointed by Council. 3.3. ZONING COMPLIANCE INSPECTIONS The Zoning Administrator, Zoning Compliance Inspector or any employee of the Town acting under the direction of the Zoning Administrator or any peace officer having jurisdiction in the Town is hereby authorized to enter with prior notification between the hours of 8:00 o’clock a.m. and 6:00 o’clock p.m. on any day but Sunday upon any property or premises or structure for the purpose of discharging his duties and obligations under this By-law, or if there is reason to believe that the provisions of the Bylaw are not being complied with in whole or in part. Where the owner or occupier refuses consent, entry may be made under the authority of a search warrant issued under the Provincial Offences Act, 1980. 3.4. LICENCES AND PERMITS No Municipal permit, certificate or licence shall be issued where the said permit is required for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is in violation of any provisions of this By-law. 3.5. BUILDINGS TO BE MOVED In all zones, any building or structure which is moved from one location to another, whether within the zone or from one zone to another, or from any location beyond the boundary of the Municipality, into any zone, shall be considered as being a new building or structure and shall comply with the provisions of this By-law. No building, residential or otherwise, shall be moved within the limits of the 35 Municipality or shall be moved into the Municipality from outside, without a permit from the Zoning Administrator. 3.6. SIGN PERMITS A sign permit may be required for the erection of any sign upon private or public property which shall only be issued if such sign is in conformity with the Municipal Signs By-law. 3.7. APPLICATION FOR ZONING, MINOR VARIANCE AND EXPANSIONS OF LEGAL NONCONFORMING USES In addition to all the requirements of the Corporation’s Building By-law or any other by-law of the Corporation, every application for the above shall be accompanied by a plan, in duplicate (a copy of which shall be retained by the Zoning Administrator), drawn to scale, and showing the following: 3.7.1. the true dimensions of the lot to be built upon or otherwise used; 3.7.2. the proposed location, height and dimensions of any building, structure or use proposed for such lot; 3.7.3. the proposed location and dimensions of any yards setback, landscaped open space, off-street parking spaces or off-street loading facilities required by this By-law; 3.7.4. the location of all existing buildings or structures on the lot shown on the plan; 3.7.5. information showing landscaping, curbing, drainage, retaining walls and any other physical addition to the site; 3.7.6. an affidavit signed by the owner, indicating the exact use proposed for each aforesaid building, structure or use, and giving all information necessary to determine if such proposed or existing building, structure or use conforms with the requirements of this By-law. 3.8. INFORMATION AS TO CONFORMITY 3.8.1. Any person requiring written information as to whether a lot is being used or that any building erected or used thereon is situated or used in conformity with the provisions of this By-law, shall present to the Zoning Administrator or his/her authorized alternate: 3.8.1.1. 3.8.1.2. 3.8.1.3. 3.8.1.4. an application fee in an amount established by Council by resolution from time to time; a plan of survey signed by an Ontario Land Surveyor showing the boundaries of the lot and the location of all buildings and structures thereon if required by the Zoning Administrator; a statement signed by the owner of the lot as to all uses being made of the said lot and of any buildings or structures thereon; any other information as the Zoning Administrator or his/her authorized alternate may require. 3.8.2. Information as to conformity issued hereunder is subject to the condition that the Corporation of the Town of Goderich shall not be bound by any information issued in error. 3.8.3. Where information as to conformity is issued with respect to a non-conforming use, such information shall so state. 3.8.4. If an application for information as to conformity does not comply with 3.8.1., the Zoning Administrator or his/her authorized alternate may issue such information notwithstanding such compliance, if he/she is satisfied as to the correctness and adequacy of the application made. 3.9. ERRORS AND OMISSIONS - OBLIGATION TO COMPLY 36 The lack of a survey or adequate information or an error or omission does not relieve the applicant from the responsibility for complying with any of the provisions of this By-law. 3.10. VIOLATION AND PENALTY Every person who uses any lot, or erects, alters or uses any building or structure or part of any lot, building or structure in a manner contrary to any requirements of this By-law, or who causes or permits such use, erection or alteration, or who violates any provision of this By-law or causes or permits a violation, shall be guilty of an offence and upon conviction thereof shall forfeit and pay a penalty not exceeding two thousand dollars ($2,000) exclusive of costs for each such offence, and every such penalty shall be recoverable under the Municipal Act and the Provincial Offences Act, 1980. 3.11. SEVERABILITY If any section, clause or provision of this By-law, including anything contained in Schedules “A” and “B” attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this By-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 3.12. REMEDIES In case any building or structure is to be erected, altered, reconstructed, extended or part thereof is to be used, or any lot is to be used, in contravention of any requirement of this By-law, such contravention may be restrained by action at the instance of any ratepayer or of the Corporation pursuant to the provisions of the Planning Act, the Municipal Act, or the Judicature Act, as recommended from time to time. 3.12.1. Where a person, guilty of an offence under this By-law has been directed to remedy any violation and is in default of doing any matter or thing required, such matter or thing shall be done at his expense. 3.12.2. Where a person has refused or neglected to reimburse the Corporation for the cost of such work, thing or matter done, the same may be recovered by the Corporation in like manner as municipal taxes. 3.13. LITIGATION This By-law shall not affect the rights of any party or any land concerned in any action, litigation or other proceeding pending on the date of the final passage thereof, except to the extent to be determined in the final adjudication of such action, litigation or other proceedings. 3.14. UNLAWFUL USES Any use established in violation of a predecessor of this By-law will be deemed to have been established unlawfully. 3.15. REPEALS From the coming into force of this By-law, all previous by-laws passed under Section 34 of The Planning Act or a predecessor thereof, shall be deemed to have been repealed. The Site Plan Control By-law No. 88 of 2013 shall not be repealed by this By-law. 37 SECTION 4. INTERPRETATION AND SCHEDULES 4.1. 4.1.1. SCHEDULES TO THE BY-LAW The following schedules are included in and form part of this By-law: Schedule “A” Zone Maps comprised of the Index Map and Key Maps 1 to 19 inclusive; Schedule “B” Roads Designation. Schedule "C" Parking Plan 4.2. INTERPRETATION 4.2.1. ZONE BOUNDARIES Zone boundaries are construed to be property lines, lot lines, street lines, railway right-of-way, or boundaries of registered plans as interpreted in accordance with the Key Map Legend which appears on each Key Map. In the case where uncertainty exists as to the boundary of any zone, then the location of such boundary shall be determined in accordance with the scale of Schedule “A”. 4.2.2. For the purposes of this By-law, the definitions and interpretations given herein shall govern: 4.2.2.1. TENSE, PLURALITY AND GENDER: For the purposes of this By-law, words used in the present tense include the future; words in the singular number include the plural and words in the plural include the singular number. Words imparting the masculine gender shall include the feminine and the converse. 4.2.2.2. MEANING OF SHALL: The word “shall” is mandatory. 4.2.2.3. MEANING OF ALTER: For the purposes of this By-law, the word “alter” when used in reference to a building, or part thereof, means to change any one or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word “alter” means to decrease the width, depth or area thereof or to decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with respect to a public highway or laneway, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise; the words “altered” and “alteration” shall have the same corresponding meanings. 4.2.2.4. MEANING OF USE: Unless the context otherwise requires, the expression “use” or “to use” in this By-law shall include anything done or permitted by the owner or occupant of any land, building or structure, directly or indirectly or by or through any trustee, tenant, servant or agent, acting with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land, building or structure. 4.2.2.5. MEANING OF PERSON: The word “person” means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of an individual to whom the context can apply according to law. 4.2.3. MINIMUM REQUIREMENTS In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements for the orderly economic and attractive development of the Municipality. 4.2.4. USES NOT LISTED AS PERMITTED Uses not listed as permitted in a zone or otherwise provided for in this By-law shall be prohibited in such zone except as provided for under Section 6.6. of this By-law. 38 4.2.5. EFFECTIVE DATE This By-law shall take effect from the date of passing by Council and shall come into force after the last day for appeals. If there are appeals, upon approval by the Ontario Municipal Board. 39 SECTION 5. ZONES 5.1. CLASSIFICATION 5.1.1. ZONES, SYMBOLS, SECTION NUMBERS For the purposes of this By-law, the Town is hereby divided into the following zones: Class Zone Section Symbol No. Residential Lowest Density Residential Low Density Residential Medium-Low Density Residential Medium Density Residential High Density Residential R1 R2 R3 R4 R5 7.0 8.0 9.0 10.0 11.0 Commercial Restricted Highway Commercial Highway Commercial Core Area Commercial Mixed Use Core Area Commercial Grouped Commercial Recreational Commercial C2 C3 C4 C5 C6 C7 12.0 13.0 14.0 15.0 16.0 17.0 Industrial Light Industrial General Industrial M1 M2 18.0 19.0 Community Non-Site Specific, Minor Community Facility Non-Site Specific Major Community Facility Site Specific Community Facility CF1 CF2 CF3 20.0 21.0 22.0 Harbour Harbour Commercial Harbour Industrial H1 H2 23.0 24.0 Open Space Public Open Space Private Open Space OS1 OS2 25.0 26.0 Natural Environment Natural Environment NE 27.0 Flood Zone F 28.0 Open Water Open Water OW 29.0 Future Development Holding (-h) 30.0 Flood 5.1.2. The permitted uses, the minimum lot size and dimensions of lots, the minimum size of yards, the maximum lotcoverage, the minimum setback, the minimum landscaped open space, the maximum height of buildings and all other zone provisions are set out herein for the respective zones. 5.1.3. The extent and boundaries of all the said zones are shown on Schedule “A” which schedule forms part of this By-law and is attached hereto. 5.1.4. The symbols listed in Subsection 5.1.1. of this section may be used to refer to buildings and structures, the uses of lots, buildings and structures permitted by this By-law in the said zones, and whenever in 40 this By-law the word “zone” is used, preceded by any of the said symbols, such zones shall mean any area within the Corporation within the scope of this By-law, delineated on Schedule “A” and designated thereon by the said symbol. 5.1.5. Where the zone symbol designating certain lands as shown on Schedule “A” is followed by a dash and a number (for example, M1-1), then special provisions apply to such lands and such special provisions will be found by reference to that section of the By-law which deals with that particular zone. Lands designated in this manner shall be subject to all the restrictions of the zone except as otherwise provided by the special provisions. 5.1.6. Holding zone provisions under Section 35(1) of The Planning Act, 1990. 5.2. BOUNDARIES OF ZONES Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Maps, the following rules shall apply: 5.2.1. RIGHT-OF-WAY LIMITS Unless otherwise indicated, the boundaries of a zone as shown on the Key Maps are the street right-of-way lines or lane right-of-way lines and the productions thereof. Any street right-of-way wholly within the boundary of a zone as shown on the Key Maps are deemed not to be zoned but are to be used for public highway purposes. 5.2.2. CENTRELINE LIMITS Where any zone boundary is shown as approximately, the centreline of a street, lane, watercourse or any other right-of-way, such zone boundary shall be construed to follow the centreline of the street, lane, watercourse or other right-of-way or the production thereof. 5.2.3. LOT LINES Where the zone boundaries are not shown to be streets or lanes, and where indicated boundaries on the Zoning Maps are approximately lot lines, the said lot lines shall be construed to be the zone boundaries unless the said boundaries are otherwise indicated on the maps. 5.2.4. SCHEDULE OF LIMITS The limit of any map comprising any schedule forming part of this By-law as shown on the Key Map of such schedule shall be deemed to be the boundary of the zone adjoining such limit. 5.2.5. SYMBOL OF ZONES Where one symbol is used on the Zoning Maps to indicate the zone classification of an area divided by a street or lane, the said symbol shall establish the classification of the whole of such area. 5.2.6. CLOSED STREET, LANE, RAILWAY OR HIGHWAY RIGHT-OF-WAY 5.2.6.1. In the event a street, lane, railway or highway right-of-way shown on the Key Map Zone Schedules is closed, the property formerly in said street, lane, railway or highway right-of-way shall be included within the zone of the adjoining property on either side of the said closed street, lane, railway or highway right-of-way; 5.2.6.2. In the event the said street, lane, railway or highway right-of-way was a zone boundary between two or more different zones, the new zone boundary shall be the former centreline of the said closed road, lane or right-of-way; 5.2.6.3. Where the land formerly included in such street, lane, railway or highway right-of-way is purchased in its entirety by an abutting landowner, the said land shall be included in the same zone as that of the abutting landowner purchasing said land; or 5.2.6.4. Where the land formerly included in such street, lane, railway or highway right-of-way is purchased in its entirety by a person or persons other than an abutting landowner, the said land shall be included in the abutting zone which is the most restrictive in terms of use or density. 5.2.7. BOUNDARIES OTHER THAN ROADS OR LOT LINES Where a zone boundary is not a road or lane, nor a lot line, and a specific measurement indicating the position of the said boundary is not shown on the Zone Map or indicated in the text of the By-law, the position thereof 41 shall be determined by scaling from the Zone Map located in the office of the Zoning Administrator. The centreline of the boundary shall be used for the purposes of scaling. 5.2.8. MAITLAND RIVER AND LAKE HURON That area in the Town of Goderich located between the shoreline and the municipal corporation limit that is covered by the water of either the River or Lake Huron at the date of passing of this By-law shall be used for the purposes of water navigation and transportation and water recreational activities and for no other purposes and shall be available for the use of the general public. 42 GENERAL PROVISIONS INDEX Application ....................................................................................... 6.1. Application of Other By-Laws/Regulations/Legislation ....................... 6.2. Conflict of Other By-Laws ................................................................ 6.3. Non-Complying Uses ....................................................................... 6.4. Undersized Lots ............................................................................... 6.5. Non-Complying Uses ...........................................................…. …. .. 6.6. External Design ............................. …………………………………….. 6.7. Greater Restrictions ………………………………………………….. … 6.8. Accessory Uses ............................................................................... 6.9. Home Occupations ......................................................................... 6.10. Swimming Pools ............................................................................. 6.11. Loading Space Regulations ............................................................ 6.12. Parking Area Regulations ............................................................... 6.13. Sign and Light Regulations ............................................................. 6.14. Prohibited Uses ............................................................................... 6.15. Planting Strip Requirements .............................................. ……….. 6.16. Yard, Setback and Height Encroachments Permitted ..................... 6.17. Railway Spur in Industrial or Commercial Zone .............................. 6.18. Gate House ..................................................................................... 6.19. Building in Built-Up Areas ............................................................... 6.20. Height Exceptions ........................................................................... 6.21. One Main Building Per Lot .............................................................. 6.22. Lots to Front on Public Road ........................................................... 6.23. One or More Permitted Uses .......................................................... 6.24. Use of Yards on Land Without Buildings ......................................... 6.25. Yard and Open Space Provisions ................................................... 6.26. Through Lots ................................................................................... 6.27. Sight Triangles ................................................................................ 6.28. Residential Setbacks from Railway Right-of-Way ........................... 6.29. Residential Setbacks from Abattoir ................................................. 6.30. Temporary Buildings ....................................................................... 6.31. Public Utility Services ...................................................................... 6.32. Municipal Water Supply and Sanitary Sewers.................................... 6.33. Accessibility ...................................................................................... 6.34. Lighting, Exeter ................................................................................... 6.35 Conservation Authority Regulated Lands & Development (Fill, Construction & Site Alteration), 43 Interference with Wetlands & Alterations to Shorelines and Watercourses …..6.36 Garden Suites ................................................................................. 6.37 Hazard Land Requirements ................................................................ 6.38 Top of Bank ....................................................................................... 6.39 Temporary Use By-laws Currently in Effect ........................................ 6.40 Lot Enlargement, Minor ………………………………………… . ……….6.41 44 SECTION 6. GENERAL PROVISIONS 6.1. APPLICATION The provision of this section shall apply to all zones except as otherwise indicated in the applicable zone provisions. 6.2. APPLICATION OF OTHER BY-LAWS, REGULATIONS, LEGISLATION Nothing in this By-law shall operate to relieve any person from the obligation to comply with the requirements of the Ontario Building Code Act or any other By-law of the Municipality in force from time to time or the obligation to obtain any other license, permit, authority or approval lawfully required by a governmental authority having jurisdiction to make such restrictions. 6.3. CONFLICT WITH OTHER MUNICIPAL BY-LAWS In the event of any conflict or inconsistency between this By-law and any other by-law of the Corporation, the provisions of this By-law shall prevail. 6.4. NON-COMPLYING USES Where a use, building or structure was legally established prior to the date of the passing of this Bylaw, and is permitted by the provisions of the zone in which such use, building or structure is located, but does not meet the zone provisions with respect to yards, lot area, frontage, parking, setback or any other provisions of this By-law applicable to that zone, the said building or structure shall be deemed to comply with the By-law and may be enlarged, extended, repaired or renovated provided that: 6.4.1. The enlargement, extension, repair or renovation does not further reduce the compliance of that use, building or structure with the provisions of the By-law to which it does not comply. 6.4.2. In the case of non-compliance with yard requirements, enlargement, extension, repair or renovation will be allowed along the entire length or width of the non-complying yard, as the case may be, provided that the building or structure is not located closer to the lot line than the existing depth of the non-complying yard which the existing building or structure has established. 6.4.3. Nothing in this By-law shall prevent the replacement of any building or structure which is destroyed by fire or an act of nature, which does not conform with one of more of the provisions of this By-law provided that: i. such replacement does not increase the amount of habitable space, height or size of the previous building or change the use of such building or structure; ii. no building or structure or part thereof being reconstructed or replaced extends beyond the limits of the lot; and iii. such replacement shall comply with all applicable yard provision of the applicable zone if possible and does not reduce the original non-complying yard dimensions. 6.4.4. All other applicable provisions of this By-law are complied with. 6.4.5. Continuance of Legal Non-Complying Status In the case of a rezoning or severance, the provisions of Section 6.4 shall continue to apply such that the said building or structure shall be deemed to comply with any applicable zoning provisions, except parking requirements, resulting from such rezoning or severance. 6.4.6 Tornado Rebuilding Special Provisions 45 Notwithstanding any provision of this by-law to the contrary, where a non-complying building or structure was damaged or destroyed by the Goderich tornado of August 21, 2011 to the extent that reconstruction or replacement is required, the provisions of Sections 6.4 through 6.4.4 shall apply to the reconstruction or replacement of such building or structure, provided: (i) no building or structure or part thereof being reconstructed or replaced extends beyond the limits of the lot; and (ii) in the Core Area Commercial (C4) and Mixed Use Core Area Commercial Zone (C5), any reconstructed or replacement building or structure shall comply with the height requirements of section 14.2.1.9. 6.5. UNDERSIZED LOTS Where a lot having a lesser lot area and/or lot frontage or lot depth than required under this By-law is held under distinct and separate ownership from abutting lots as shown by the registered conveyance in the Registry or Land Titles Office at the date of the passing of this By-law, or where such lot is created by expropriation, such undersized lot may be used and a building or structure may be erected, altered or used on such undersized lot provided all other requirements of this By-law are complied with, except in an R2 zone wherein such undersized lots may only be used for a single-detached dwelling (all other dwelling types in an R2 zone including a tourist or guest house shall comply with the applicable lot frontage, area and/or depth requirements). 6.6. NON-CONFORMING LANDS, BUILDINGS, STRUCTURES AND USES 6.6.1. CONTINUATION OF EXISTING USES The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully established and used for such purpose on the date of passing of this By-law, and provided that it continues to be used for that purpose. 6.6.2. BUILDING PERMIT ISSUED The provisions of this By-law shall not apply to prevent the erection or use for a purpose prohibited by this By-law of any building or structure, the plans for which have prior to the date of passing of this By-law been approved by the Building Inspector, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such building or structure is commenced within two years after the date of the passing of this By-law and such building or structure is completed within a reasonable time after the construction thereof is commenced. 6.6.3. STRENGTHENING OF NON-CONFORMING BUILDINGS OR STRUCTURES Nothing in this By-law shall prevent the strengthening to a safe condition of any building or structure or part of any such building or structure which does not comply with the provisions of this By-law, provided: 6.6.3.1. 6.6.3.2. 6.6.3.3. such alteration or repair does not increase the height, size or volume of such building or structure; the alteration, repair or renovation does not involve any alteration of use and the building or structure continues to be used for the same purpose; and all other applicable provisions of this By-law are complied with. 6.6.4. EXTENSIONS TO NON - CONFORMING USES Nothing in this By-law shall prevent an extension or an addition being made to a use, building or structure which is lawfully used for a purpose not permitted within the zone in which such use, building or structure is located provided that: 6.6.4.1. the use, building or structure legally existed on the date of passing of this By-law but does not comply with one or more of the zone provisions of this By-law; 46 6.6.4.2. 6.6.4.3. and that such extension or addition does not contravene any of the zone provisions of this By-law; any expansion of a legal non-conforming use will only be permitted with the permission of the Town of Goderich Committee of Adjustment. 6.6.5. DISCONTINUED NON-CONFORMING USE Where a use, building or structure which was lawfully established prior to the day of the passing of this By-law has been used for a purpose not permitted in the use zone in which it is situated but the said use has been discontinued for a period of twenty-four months or longer, the said building or structure may only be used again for a use that conforms to this By-law. 6.6.6. REPLACEMENT OF NON-CONFORMING USES 6.6.6.1. If a building or structure used for a non-conforming use is accidentally destroyed, such building or structure and its non-conforming use may only be reestablished or reconstructed for that nonconforming use within 24 months from the date of destruction. 6.6.6.2. If a building or structure used for a non-conforming use is purposefully removed the subject lot can only be used for a purpose permitted by the By-law. 6.6.6.3. Where a dwelling exists or existed in a non-residential zone, the reconstruction or replacement of a dwelling and/or accessory buildings and structures which were accidently destroyed is permitted subject to the provisions of the applicable residential zone requirements. 6.6.6.4. No building or structure or part thereof being reconstructed or replaced extends beyond the limits of the lot. 6.6.7 TORNADO REBUILDING SPECIAL PROVISIONS 6.6.7.1 Notwithstanding any provision of this by-law to the contrary, where a non-conforming use, building or structure was damaged or destroyed by the Goderich tornado of August 21, 2011 to the extent that reconstruction or replacement is required and not eligible for repair under Section 6.6.6. of this By-law, such non-conforming use, building or structure may be re-established, reconstructed or replaced to the same or similar structure, extent and/or location that existed prior to August 21, 2011, provided: (i) (ii) no building or structure or part thereof being reconstructed or replaced extends beyond the limits of the lot; and For the purpose of this provision “similar” is defined as not changing the extent or location of the use, building or structure by more than 20% from what existed legally prior to August 21, 2011 (e.g., not more than 20% reduction to yards and setbacks; not more than 20% increase to floor area; etc.) 6.6.7.2 Where a dwelling exists or existed in a non-residential zone, the reconstruction or replacement of a dwelling and/or accessory buildings and structures damaged or destroyed by the Goderich tornado of August 21, 2011 is permitted, subject to the provisions of Section 6.4.5 or the applicable residential zone requirements. 6.7. EXTERNAL DESIGN The following building materials shall not be used for the exterior vertical facing on any wall of any building or structure within the Municipality: 6.7.1. tar paper or building paper; 6.7.2. asphalt roll type siding or insul-brick; 6.7.3. concrete or cinder block in residential areas. 6.8. GREATER RESTRICTIONS 47 This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. 6.9. ACCESSORY USES 6.9.1 No accessory use shall be permitted on any lot until the main use to which it is accessory has been lawfully and physically established on the lot. 6.9.2. USE OF ACCESSORY STRUCTURES AND BUILDINGS Where this By-law provides that a lot may be used or a building or structure may be erected, altered or used for a purpose, that purpose shall include any accessory building or structure or accessory use, but shall not include: 6.9.2.1. any occupation for gain or profit conducted within a dwelling unit except as may be permitted by this By-law; 6.9.2.2. any building used for human habitation except where a dwelling is a permitted accessory use. 6.9.3. LOCATION 6.9.3.1. Except as otherwise provided herein, any accessory building or structure which is not an integral part of the main building shall not be located in a front yard or exterior side yard and shall comply with the yard and setback requirements of the zone in which such building or structure is situated. 6.9.3.2. Notwithstanding any other provisions of this By-law to the contrary, in a Residential zone a detached private garage, detached carport, unenclosed deck, swimming pool, T.V. antenna tower, satellite dish, or any other accessory structures may be erected and used in the rear yard provided that such accessory building or structure: 6.9.3.2.1. shall be no closer than 1 metre to an interior side or rear lot line; and 6.9.3.2.2. shall be no closer to the street line than the setback required for the main building; 6.9.3.2.3. Notwithstanding section 6.9.2.2.1 to the contrary, semi-detached garages or carports may be centred on a mutual lot line provided: 6.9.3.2.3.1. garages for both lots are designed as one building; 6.9.3.2.3.2. a common wall shall divide the garages; 6.9.3.2.3.3. garages for both lots shall be erected simultaneously. 6.9.3.3. Accessory buildings shall not be structurally attached to the main building in any way, except for unenclosed decks. 6.9.4. HEIGHT The maximum height for all accessory buildings shall be as follows: 6.9.4.1. All residential zones: in conformity with the height of main building or to a maximum of 4.5 metres, whichever is less; 6.9.4.2. All other zones: in conformity with the height of the main building or to a maximum of 10 metres, whichever is less but in no case shall an accessory building contain more than two storeys. 6.9.5. LOT COVERAGE / BUILDING AREA 6.9.5.1. In a residential or commercial zone, the total lot coverage of all accessory buildings and structures shall not exceed the lesser of 10% of the lot area or 65 square metres of gross building area. The area of an open swimming pool or solar energy collector or unenclosed and uncovered decks shall not be calculated in determining lot coverage. 6.9.5.2. In an industrial zone, the total lot coverage of all accessory buildings and structures shall not exceed 10% of the lot area. 6.10. HOME OCCUPATIONS 48 6.10.1 A home occupation shall: i. be permitted in any zone where a home occupation is a permitted use; ii. be restricted to a single detached dwelling except where specifically provided otherwise; iii. be conducted entirely within a dwelling on the same lot only by the occupant(s) of the dwelling; iv. be clearly secondary to and compatible with the principal use of the dwelling for residential purposes; v. not permit any external alteration of the dwelling such as the inclusion of any specialized structure, ramps or oversize entrances which will change the character of the dwelling unit as a private residence; vi. not include any external display of goods, materials, wares or merchandise, or exterior advertising other than a legal sign to indicate to persons outside that the dwelling or lot is being used for other than residential purposes; vii. not create a nuisance or hazard to neighbours by reason of noise emission, vibration, smoke, dust, fumes, odour, heat, humidity, glare, debris, refuse, fire, lighting, interference with radio or television reception, or hours of operation; viii. not result in volumes of vehicular traffic or on-street parking which cause the disruption of normal activities of adjacent residential properties; ix. be no use of municipal services such as roads, sanitary and storm sewers, water supply and utilities such as hydro and gas, or the generation of waste and refuse beyond that normal to the use of property for residential purposes; x. be no mechanical or other equipment used except that which is customarily used in dwellings for domestic or household purposes; xi. not permit any outdoor storage of materials or goods in support of such home occupation; xii. not exceed more than twenty-five percent (25%) of the gross floor area of the dwelling for the purposes of the home occupation; xiii. not include an animal kennel; xiv. meet all of the requirements of this By-law including the parking provisions of Section 6.13.; xv. not include the keeping of boarders or roomers; xvi. not include any person, other than an occupant, engaged in canvassing, delivering or as a gobetween in distributing merchandise to customers; and xvii. not include any goods, wares or merchandise offered or exposed for sale or rent on the premises. 6.10.2. Prior to the establishment of any home occupation use, the occupant must obtain a statement of conformity from the Municipality and a building permit where required for the change of use. 6.11. SWIMMING POOLS Notwithstanding anything contained in this By-law, a swimming pool is permitted as an accessory use in any zone subject to the provisions of section 6.9. (Accessory Uses). 6.11.1. 6.12. Every swimming pool shall be enclosed by a fence as set out in the Town of Goderich Swimming Pool Fence By-law. LOADING SPACE REGULATIONS 6.12.1. LOADING SPACE REQUIREMENTS The owner or occupant of any lot, building or structure in a commercial, community facility or industrial zone, erected or used for any purpose involving the receiving, shipping, loading or unloading or persons, animals, goods, wares, merchandise and raw materials, shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or land, within the zone in which such use is located, loading or unloading facilities comprising one or more loading or unloading spaces 9 metres long, 3.5 metres wide and having a vertical clearance of at least 4 metres, and in accordance with the following schedule: Total Floor Area of Building or Structure Minimum Number of Loading Spaces Required 49 200 square metres of less Exceeding 200 square metres 0 1 6.12.2. ACCESS Access to loading or unloading spaces shall be by means of a driveway at least 6 metres wide contained within the lot on which the spaces are located and leading to a street or land located within or adjoining the commercial, community facility or industrial zone. 6.12.3. LOADING SPACE SURFACE The driveways, loading and unloading spaces shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. They shall, before being used, be constructed of crushed stone, slag, gravel, crushed brick (or tile), cinders, asphalt or concrete and with adequate drainage facilities. 6.12.4. LOCATION The loading space or spaces required shall be located in the interior side or rear yard unless set back from the street line a minimum distance of 10 metres. 6.12.5. ADDITIONS TO BUILDING The loading space requirements referred to herein shall not apply to any building in existence at the date of passing of this By-law so long as the floor area as it existed at such date is not increased. If an addition is made to the building or structure which increases the floor area, then additional loading space shall be provided for each addition or change of use as required by subsection 6.12.1. of this By-law for such addition or change of use. 6.13. PARKING AREA REGULATIONS Parking spaces and areas required under this By-law in accordance with the following provisions: 6.13.1. PARKING AREA REQUIREMENTS The owner of every building or structure erected or used for any of the purposes hereinafter set forth shall provide and maintain for the sole use of the owner, occupant or other persons entering upon or making use of the said premises from time to time, parking spaces and areas as follows: Type of Use Minimum Parking Requirements Amusement Arcade: 1 parking space per 30 square metres of gross floor area Auditorium, Arena, Places of Assembly unless otherwise specified in this section: The greater of: 1 parking space for every 8 seats or 4 metres of bench space of maximum seating OR for every 20 square metres of gross floor area, whichever is greater Art Gallery, Library or Museum: Business Office: Minimum of 10 parking spaces 1 per 50 square metres of gross floor area Church: 1 parking space per 10 fixed seats Commercial use in any commercial zone except those uses specifically listed elsewhere in this section: 1 per 30 square metres or fraction thereof of gross floor area 50 Contractor’s Yard or Shop, Class A and B: The greater of: 1 for every 2 employees, OR 1 per 70 square metres of gross floor area Clinic or Medical Office: The greater of: 6 per practitioner, OR 1 per 15 square metres of gross floor area. Club or Fraternal Organization: 1 per 20 square metres of gross floor area Curling Rink: 6 per curling sheet Dwellings: -Detached, semi-detached, duplex, triplex, converted, accessory -Fourplex, multiple attached, or apartment: Eating Establishment: 1 per dwelling unit 1.5 per dwelling unit 1 per 4 seats of maximum seating capacity Eating Establishment, DriveIn or Take-Out 10 spaces plus 1 space for every 4 seats Fire Hall: 5 per bay Funeral Home: 1 per 20 square metres of gross floor area, with a minimum of 10 spaces Furniture Store: 1 per 90 square metres of gross floor area Gas Bar: 2 Grouped Commercial: 1 per 18.5 square metres of gross floor area Group Home: 1 per 3 beds Guest Home or Bed and Breakfast: 1 plus 1 per guest room Home for the Aged, Rest Home, Retirement Home or Residence, Nursing Home: 1 per 5 beds Hospital: 1 per 2 beds Hotel or Motel: 1 per each guest room plus 1 space per 4 persons seating capacity of each dining room or conference room. 51 Indoor Sports 1 per 30 square metres of gross floor area Recreation Building (other than an arena, , curling rink, tennis, squash or racquet ball courts): Industrial Establishments: 5 parking spaces plus 1 per 50 square metres or fraction thereof of gross floor area Industrial Mall: 1 per 65 square metres of gross leaseable floor area Marina: 1 per mooring and a minimum of 15 per launching facility Motor Vehicle Repair Shop, 4 plus 1 per repair bay Motor Vehicle Sales & Service Establishment, Motor Vehicle Service Station: Motor Vehicle Washing 2 per washing bay for self serve Establishments: 5 for automatic Public Building expect where specifically identified: Retail Store: 1 per 30 square metres of gross floor area 1 per 20 square metres of gross floor area Rooming or Boarding House: 1 per dwelling unit and 1 per room for rent School: -Nursery 3 per classroom or nursery OR 1 per 60 square metres of gross floor area -Elementary 1.5 per classroom and 1 per 6 square metres of assembly area -Secondary 3 per classroom or 1 per 6 square metres of assembly area -Commercial 1 per 20 square metres of gross floor area Service and Repair Shop, Personal Service Shop: Sports Field: 1 per 20 square metres of gross floor area The greater of: 1 per 5 seats or 3 metres of bench space of maximum seating capacity OR 1 per 800 square metres of gross field/floor area Social, Service or Country Club: 1 per 10 square metres of gross floor area of all club buildings, plus: 2 per golfing green; 4 per lawn bowling green; 4 per tennis or racquetball court; 6 per curling ice sheet. Where any one club provides seasonal recreational facilities such as golf (summer) tennis (summer) or curling (winter), parking spaces for these activities shall only be provided for the season requiring the greatest number of parking spaces Tavern or Public House: 1 per 4 seats of maximum seating capacity Truck Terminal: 1 per 100 square metres of gross floor area 52 Terminal Grain Elevator: 1 per 70 square metres of gross floor area Theatre: 1 per 4 seats Utility Service Building: Veterinarian Clinic: 1 per 30 square metres of gross floor area 4 per practitioner Warehouse: Wholesale Establishment: 1 per 185 square metres of gross floor area 1 per 90 square metres of gross floor area Uses permitted by this By-law 1 per 40 square metres of gross floor area other than those listed in this table: 6.13.1.1. Notwithstanding the provisions of Section 6.13.1. to the contrary, within the C4 and C5 zones in the area designated on Schedule “C” (Parking Plan), the following parking provisions shall apply. Where a use is not included in the following list, the provisions of Section 6.13.1. shall apply. Type of Use Minimum Parking Requirement Bank or Financial No (0) parking spaces required. Barber and Beauty Shop No (0) parking spaces required. Clinic or Medical Office No (0) parking spaces required. Club or Fraternal Organization No (0) parking spaces required. Department Store No (0) parking spaces required. Dwelling, Apartment 1 per dwelling unit Eating Establishment No (0) parking spaces required. Eating Establishment, Drive-In/Take-Out No (0) parking spaces required. Indoor Sports Recreation Building No (0) parking spaces required. Place of Assembly No (0) parking spaces required. Rest Home, Retirement Home or Residence, Home for the Aged Retail Store 1 per 8 beds. Service Shop, Personal No (0) parking spaces required. Tavern No (0) parking spaces required. No (0) parking spaces required. 53 Theatre No (0) parking spaces required. 6.13.2. MORE THAN ONE USE IN BUILDING Where a building or structure accommodates more than one type of use, the parking space requirement for the whole building shall be the sum of the requirements of the separate parts of the building occupied by the separate types of use. 6.13.3. MULTIPLE USE OF PARKING AREA Where two or more uses utilizing the same parking area will never occur simultaneously, the parking requirements of the use having the highest parking requirements shall govern. 6.13.4. EXCEPTIONS TO PARKING SPACE REQUIREMENTS 6.13.4.1. CORE AREA: The provisions of subsections 6.13. shall apply to uses located within the core area commercial (C4) zone and the mixed use core area commercial (C5) zone. In cases, however, where the required parking cannot be provided in the C4 and C5 zone, the Council may accept an equivalent cash-inlieu amount, which amount shall be allotted to a parking fund to provide necessary parking spaces as required. 6.13.4.2. EXISTING BUILDINGS: The parking area requirement referred to in this By-law shall not apply to any building lawfully in existence at the date of passing of this By-law so long as: 6.13.4.2.1. the building is used for a permitted use; 6.13.4.2.2. the floor area as it existed at such date is not increased; 6.13.4.2.3. any change of occupancy is to a use having the same or a lesser parking requirement according to this By-law; 6.13.4.2.4. all parking spaces existing at the date of passing of the By-law are retained. 6.13.4.3. ADDITIONS TO AN EXISTING BUILDING: If an addition is made to a building or structure lawfully existing at the date of passing of this By-law, then parking spaces in addition to those already existing shall be provided to the number required for such addition or change of use. This section shall not apply to require the establishment of parking spaces and areas for an addition to a detached single-family dwelling.. 6.13.5. BARRIER FREE PARKING SPACES Table 1: Required Barrier Free Vehicle Parking Spaces Industrial Total Number of Spaces 1-12 13-19 20-100 101-200 More than 200 Number of Required Barrier Free Spaces 1 2 4 6 8 Commercial or Community Facility Total Number Number of of Spaces Required Barrier Free Spaces 1-12 1 13-19 2 20-50 4 51-100 6 101- 150 8 151-200 10 More than 200 12 Residential Total Number of Spaces 5-9 10 - 20 21 - 40 41 - 60 61 - 100 More than 100 Number of Required Barrier Free Spaces 1 2 4 6 8 10 6.13.5.1. ADDITIONAL REGULATIONS The following regulations shall also apply to barrier free vehicle parking spaces: 54 (a) the barrier free vehicle parking spaces shall have minimum rectangular dimensions of 4.5 metres width by 6.0 metres in length. The width of 4.5 metres is considered to also contain the required access aisle. (b) all barrier free vehicle parking spaces shall be marked by an identifying marker consisting of the International Symbol for the disabled; (c) a standard parking space parallel to the curb shall constitute an acceptable parking space providing it allows individuals to get in and out of either side of a vehicle and providing a sidewalk wheelchair ramp is located nearby; (d) a minimum vertical clearance of 2.9 metres (10 feet) shall be provided at accessible parking spaces, passenger loading zones, and along access routes; (e) gradient for a barrier free vehicle parking space shall not exceed five (5) per cent; (f) barrier free vehicle parking spaces shall be the spaces located closest to the nearest accessible entrances(s) of the building on an accessible route; (g) curb ramps, where required, shall be provided to permit access from the parking area to the sidewalk. (h) are required to be paved with asphalt or concrete. 6.13.6. COMMERCIAL MOTOR VEHICLES AND TRACTOR TRAILERS IN RESIDENTIAL ZONES Notwithstanding the provisions of Section 6.13., no person shall use any lot, building or structure in a residential zone for the parking or storage of any commercial motor vehicle unless he/she is the owner or occupant of such lot, building or structure, and provided that said vehicle shall not exceed five thousand kilograms gross vehicle weight and provided that not more than one commercial vehicle is stored in accordance with this section. No person shall use any lot, building or structure in a residential zone for the parking or storage of any tractor trailer or part thereof. This provision shall not include commercial motor vehicles or tractor trailers which attend at residential premises for the purposes of delivery and service. 6.13.7. STORAGE OR PARKING OF TRAVEL TRAILERS, SNOW MOBILES, BOATS AND TRAILERS WITHIN A RESIDENTIAL ZONE No person shall within any R1, R2 or R3 zone use any lot for the parking or storage of any travel trailer, snowmobile, motor home, boat or trailer, except in accordance with the following: 6.13.7.1. the owner or occupant of any lot, building or structure in any R1,R2 or R3 zone may store or park not more than two, in total, of the following: - a personal travel trailer, - a motor home, - a snowmobile or boat with accessory trailer, - or similar motorized vehicle with accessory trailer such as but not limited to an all-terrain vehicle, provided that the length of such travel trailer, snowmobile or boat and its accessory trailer does not exceed 9 metres in length (i.e. The length between the rearmost section of the recreational vehicle or associated trailer, including the bumper, to the foremost section of the recreational vehicle or associated trailer, including the hitch); 6.13.7.2. Notwithstanding Section 6.13.10 to the contrary, parking and storage of personal travel trailers, motor homes, snowmobiles, boats or all-terrain vehicles with an accessory trailer shall only be permitted in a carport or garage, or in a portion of the driveway that is located within the interior side yard or rear yard not closer than 1.5m to any lot line. 6.13.7.3. Travel trailers, snow mobiles, boats and trailers lacking current valid license plates shall be parked or stored only within a private garage or other building, except that this provision shall not apply to a permitted automobile or vehicle sales or rental establishment or salvage yard. 6.13.8. FULLY ENCLOSED Notwithstanding the provisions of subsection 6.13.9. hereof, the limitations imposed therein shall not restrict the number of travel trailers, snowmobiles, boats and accessory trailers that are fully enclosed 55 within a garage or dwelling unit provided that the travel trailers, snowmobiles, boats and accessory trailers are owned by the occupant of such lot. 6.13.9. OCCUPANCY No person shall, in any zone, use any travel trailer, motor home, or truck camper for the purpose of primary residential, permanent living, or eating accommodation, except for temporary living or eating accommodation in a recreational commercial zone. 6.13.10. PARKING AREA LOCATION ON LOT Notwithstanding the yard and setback provisions of this By-law the contrary, uncovered surface parking areas shall be permitted in the required yards or in the area between the street line and the required setback as follows: ZONE Residential For all Commercial, Open Space, Community Facility and Natural Environment zones except C2, C3 and C6 zones: YARDS IN WHICH REQUIRED PARKING AREA PERMITTED Interior side and rear yard provided that no part of any parking area, other than a driveway, is located closer than 1 metre to any property or street line. A parking area for residential units with individual private driveways may be located in any yard provided parking spaces are no closer than 1 metre from the property or street line. For residential uses containing three or more dwelling units, parking shall be located in the rear yard only except where private garages are provided in which case parking can be permitted in any yard. For apartment buildings, required parking may be permitted in the interior side yard or rear yard. Required parking spaces shall be provided within an open area or carport but not within an enclosed garage. Parking areas are permitted in all yards except in the C4 and C5 zones where parking is not permitted in the front yard or exterior side yard. The minimum setbacks for a parking area, other than a driveway, shall be: From any lot line abutting a residential zone: 3 metres From any other lot line or street line: 1 metre Where a parking area on one lot has vehicle access across a common lot line to a parking area on an abutting lot, no setback for the parking area is required along the common lot line. Where a parking lot is a permitted use and where no buildings exist on the property, a parking area is permitted in all yards subject to the above setbacks. 56 C2, C3 and C6 zones: Parking is permitted in all yards. From any street line: 5 metres From any lot line abutting a residential zone: 3 metres From any other lot line: 1 metre Where a parking area on one lot has vehicle access across a common lot line to a parking area on an abutting lot, no setback for the parking area is required along the common lot line. Where a parking lot is a permitted use and where no buildings exist on the property, a parking area is permitted in all yards subject to the above setbacks. Industrial Interior side and rear yards only except for a visitor parking area containing less than 6 spaces may be permitted in any yard provided that no part of any parking area, other than a driveway is located closer than 1 metre to any street line. 6.13.11. OFF-SITE PARKING All required parking spaces are to be provided on the same site as the use for which they are provided except that the provisions of required off-street parking for a non-residential use may be located within the same zone within 150 metres provided that the off-site area is under the same ownership as the site occupied by the use requiring parking provided it is a legal use for the zone. 6.13.12. ACCESS TO PARKING AREA THROUGH RESIDENTIAL OR HOLDING ZONE No person shall use any land in a residential or holding zone for access to any parking space or parking area located in any other zone. 6.13.13. PARKING AREA DESIGN STANDARDS All parking areas required under this By-law shall conform with the following minimum standards: 6.13.13.1. PARKING AISLES: 6.13.13.1.1. for 30 degree parking, the aisle shall not be less than 3.4 metres in perpendicular width; 6.13.13.1.2. for 45 degree parking, the aisle shall not be less than 3.7 metres in perpendicular width; 6.13.13.1.3. for 55 degree parking, the aisle shall not be less than 4.3 metres in perpendicular width; 6.13.13.1.4. for 60 degree parking, the aisle shall not be less than 4.9 metres in perpendicular width; 6.13.13.1.5. for 65 degree parking, the aisle shall not be less than 5.2 metres in perpendicular width; 6.13.13.1.6. for 70 degree parking, the aisle shall not be less than 5.5 metres in perpendicular width; 6.13.13.1.7. for 90 degree parking, the aisle shall not be less than 6.7 metres in perpendicular width; 6.13.13.1.8. for parallel parking, the aisle shall not be less than 3 metres in perpendicular width for one-way traffic and 6 metres in perpendicular width for two-way traffic; 6.13.13.1.9. for parking at an angle other than those listed above, the aisle width shall not be less than the requirements for the angle of parking which is next greater than the angle of parking being provided. 57 6.13.13.2. WIDTH OF PARKING: For cars parked side by side: 2.8 metres For cars parked with wall or fence adjacent: 3 metres 6.13.13.3.DEPTH OF PARKING SPACES 6.13.13.3.1. for 30 degree parking: 4.6 metres 6.13.13.3.2. for 45 degree parking: 5.5 metres 6.13.13.3.3. for 55 degree parking: 5.8 metres 6.13.13.3.4. for 60 degree parking: 5.8 metres 6.13.13.3.5. for 65 degree parking: 5.8 metres 6.13.13.3.6. for 70 degree parking: 5.8 metres 6.13.13.3.7. for 90 degree parking: 6.5 metres 6.13.13.3.8 for parallel parking: 6.5 metres 6.13.13.3.9. for parking at an angle other than those listed above, the depth of the parking space shall meet the requirements for the angle of parking which is next greater than the angle of parking being provided. 6.13.13.4. PARKING AREA SURFACE AND DRAINAGE: 6.13.13.4.1.All parking areas are to be constructed so as to be usable in all seasons and shall have a granular base, and surface of crushed stone, concrete, asphaltic pavement or other similar hard and dust inhibiting surface. 6.13.13.4.2.All parking areas shall be so graded and drained so as to ensure that surface water will not escape to neighbouring lands as a result of the construction or use of such parking areas. 6.13.13.4.3. All parking areas which are required to contain barrier free parking spaces shall have a granular base and surface of concrete or asphaltic pavement. 6.13.13.5. INGRESS AND EGRESS: 6.13.13.5.1.Ingress and egress to and from the required parking spaces and areas shall be provided by passageways at least 3 metres but not more than 6 metres in perpendicular width. 6.13.13.5.2.The maximum width of any joint ingress and egress driveway ramp measured along the street line shall be 6 metres. 6.13.13.5.3.The minimum distance between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be 7.5 metres. 6.13.13.5.4.The minimum angle of intersection between a driveway and a street line shall be 60 degrees. 6.13.13.5.5.Every lot shall be limited to the following number of driveways: 6.13.13.5.5.1. up to the first 30 metres of frontage - not more than two driveways; and 6.13.13.5.5.2. for each additional 30 metres of frontage - not more than one additional driveway. 6.13.13.6. ILLUMINATION: Where parking areas are required to be illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 metres above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from adjacent lots. 6.14. SIGN AND LIGHT REGULATIONS No person shall hereafter use any building, structure or lot for the erection or display of any sign except in accordance with the Town of Goderich Sign By-law. 6.15. PROHIBITED USES All uses, including the following uses, shall be prohibited. 6.15.1. PITS AND QUARRIES PROHIBITED 58 No gravel pit or stone quarry shall be established or made in any area of the Municipality. Where this By-law states that no land shall be used for any purpose other than planting grass, shrubs, seeded berms, trees or similar vegetation, this shall also mean that no gravel pit or stone quarry shall be established in those areas. 6.15.2. WRECKING YARDS, SANITARY LANDFILL SITES, DUMPS PROHIBITED The use of any land or the erection or use of any building or structure for the purposes of wrecking yards, salvage yards, dumps, sanitary landfill, the collection of rags, junk and refuse, scrap iron or other scrap metals shall be prohibited in the Municipality. 6.15.3. MOBILE HOMES PROHIBITED IN ALL ZONES It shall be prohibited to locate and use a mobile home in any zone temporarily or permanently. 6.15.4. KEEPING OF LIVESTOCK, REPTILES OR EXOTIC ANIMALS No person shall use a building, structure or land for the purpose of raising or keeping livestock, reptiles, or exotic animals within the corporate limits of the Town of Goderich. 6.15.5. OBNOXIOUS USES PROHIBITED No use shall be permitted within the Municipality which from its nature or the material used there is, under The Heath Protection and Promotion Act, regulations thereunder or other relevant legislation, declared to be a noxious trade, business or manufacture, including the following: - blood boiling; - bone boiling; - refining coal oil from fish or animal matter; - storing hides; - abattoir or commercial slaughterhouse; - tallow melting; - soap boiling; - tripe boiling; - tanning hides or skins; - manufacturing gas; - manufacturing glue; - commercial manufacturing of fertilizers from dead animals or from human or animal waste. 6.15.6. DANGEROUS USES PROHIBITED No land, building or structure except automobile service stations, and duly licensed installations for the bulk storage of gasoline, lubricating and fuel oils is permitted for commercial or industrial purposes which are likely to create danger to health, or danger from fire or explosion which without limiting the generality of the foregoing, shall include storage or manufacture of coal oil, water oil, rock oil, fuel oil, burning fluid, gas, naphtha, benzene, gasoline, dynamite, dualine, nitroglycerine, gunpowder, petroleum and petroleum products unless protected by adequate fire fighting and fire prevention equipment and by such safety devices as required for the safe handling of such material. Such hazards shall be kept removed from adjacent uses by a distance which is compatible with the potential danger involved. 6.15.7. TRUCK, TRAILER OR COACH BODIES No truck, trailer, bus, coach or streetcar body, railway car or caboose or similar structure shall be used for any human habitation within the Town, whether or not the same is mounted on wheels, except that a recreational vehicle may be used for temporary habitation within a recreational commercial zone. Truck bodies and trailers may be used for storage accessory to a main use in commercial and industrial zones subject to the requirements for accessory structures in the zone in which they are located. Such truck bodies and trailers must be in good condition and must be maintained in accordance with the Town of Goderich Property Standards By-law. 59 6.15.8. MOTORIZED VEHICLE RACING TRACK PROHIBITED No land shall be used for the establishment of a track for the racing of any motorized vehicle. 6.15.9. VENDING FROM A VEHICLE No lands, streets or lanes in the Municipality shall be used for the sale of food, goods or wares from the confines of a motor vehicle unless the necessary permit has been issued by the Municipality. 6.15.10. PARKING ON THE SQUARE Off-street parking areas shall be prohibited from occupying any street frontage facing The Square so as not to create a void in the built-up streetscape. 6.15.11. DRIVE THROUGH FACILITIES Drive-through facilities of any kind are prohibited within the C4 and C5 zones. 6.15.12. ADULT LIVE ENTERTAINMENT PARLOUR Notwithstanding any provision of this By-law to the contrary, an adult live entertainment parlour as defined herein, whether consisting of a main use or an accessory use, is not permitted within the Town of Goderich. 6.16. PLANTING STRIP REQUIREMENTS 6.16.1. Planting strip shall be provided: 6.16.1.1. on lands zoned or used for any commercial or industrial purpose where the interior side or rear lot line abuts lands zoned or used for open space, community facility or residential purposes; 6.16.1.2. on lands upon which a residential or community facility use is being newly established where such lands abut an existing non-residential use, which is not maintaining a planting strip; 6.16.1.3. on lands zoned or used for multiple dwelling where they abut lands zoned or used for single-detached dwellings or duplex/semi-detached dwellings. 6.16.2. Such planting strip shall have a width throughout of not less than 1.5 metres and may be included as part of the required yard. 6.16.3. Such planting strip shall be contained within the zone or on the lands for which it is a requirement, and shall run the entire length of the zone or property line or lines separating it from the abutting zone or use except that no planting strip shall be located between the street line and the building line in such a manner or of such a height as to obscure the vision of the operator of a motor vehicle traveling on a public street. 6.16.4. Such planting strip shall consist of a continuous unpierced planting of trees or shrubs, and shall be maintained at an ultimate height of not less than 1.75 metres, except in a sight triangle where the maximum height shall not exceed 1 metre. 6.16.5. Such planting strip shall be planted and maintained by the owner or owners of the land on which the planting strips are required. 6.16.6. Subject to the site plan approval, a solid fence or wall of equivalent height may be considered as an alternative to a planting strip. In any site plan agreement under Section 40 of The Planning Act, using a fence or wall as an alternative to a buffer strip, the following aspects relating to the fence or wall shall be considered: location, height, porosity, materials and finishing. 6.17. 6.17.1. YARD, SETBACK AND HEIGHT ENCROACHMENTS PERMITTED ORNAMENTAL STRUCTURES 60 Notwithstanding the yard and setback provisions of this By-law to the contrary, sills, belt course, chimneys, cornices, eaves, gutters, parapets, pilasters or other ornamental structures may project into any required yard or the area between the street line and the required setback a maximum distance of 1 metre. 6.17.2. ACCESSORY STRUCTURES Notwithstanding the yard and setback provisions of this By-law to the contrary, drop awnings, clothes poles, flag poles, garden trellises, fences, retaining walls, or similar accessory structures shall be permitted in any required yard. 6.17.3. UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed porches, balconies, steps and patios, covered or uncovered, may project into any required front or rear yard, providing all other requirements of this By-law are met, a maximum distance of 1 metre. Notwithstanding any requirements of this By-law to the contrary, only steps or emergency entrances may project into a required side yard a maximum distance of 1 metre. 6.17.4. BARRIER-FREE STRUCTURES: Notwithstanding any provisions of this By-Law to the contrary, unenclosed structures necessary to ensure that a building and its facilities can be approached, entered, and used by persons with physical or sensory disabilities in accordance with the Ontario Building Code, may project into any required front, interior or exterior side yard provided that the structure is not closer than 0.3 metres from any interior side lot line. For clarification, the area of such structures shall not be used in the calculation of lot coverage. 6.17.5. FIRE ESCAPES Notwithstanding the yard and setback provisions of this By-law to the contrary, structures necessary for fire protection may project into any required side or rear yard, or the area between the street line and the required setback, a minimum distance of 1 metre. 6.18. RAILWAY SPUR IN INDUSTRIAL OR COMMERCIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, a railway spur shall be permitted within any required yard. 6.19. GATE HOUSE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an industrial zone, a gate house shall be permitted in a front or side yard. 6.20. BUILDING IN BUILT-UP AREA 6.20.1. EXCEPTION TO FRONT YARD AND EXTERIOR SIDE YARD REQUIREMENTS Notwithstanding the yard and setback provisions of this By-law to the contrary, a building may be erected closer to the street line than required by the zone provisions provided that the building is not erected closer to the street line than the established average setback of the buildings on abutting lots along the said street on the date of passing of By-law __-2013, and provided that the building complies with the site triangle requirements for corner lots. 6.20.2. ENCLOSING EXISTING PORCHES Porches that legally exist at the date of the passing of this By-law may be enclosed provided that the use conforms to the zone provisions in which it is located. 6.21. HEIGHT EXCEPTIONS Notwithstanding the height provisions herein contained, nothing in this By-law shall apply to prevent the erection and/or use of a church spire, a belfry, a flag pole, a clock tower, a hose tower, a chimney, a water tank, an air conditioner duct, a radio or television tower or antenna, a solar collector, or an 61 elevator penthouse, or an electric power facility. Notwithstanding these provisions, height restrictions apply to wind energy facilities, including windmills and wind turbines, in all zones. 6.22. ONE MAIN BUILDING PER LOT No person shall erect more than one main building on a lot except: 6.22.1. permitted buildings in an industrial, commercial, community facility, open space or natural environment zone; 6.22.2. group buildings located in the high density residential (R4) zone. 6.23. LOTS TO FRONT ON A PUBLIC ROAD Unless otherwise specified by this By-law, no lots shall be created and no person shall erect a building or structure and no person shall use any land, building, or structure unless the lot to be so used or upon which the building or structure is situated, erected, or proposed to be erected abuts or fronts on an improved street of satisfactory construction and maintenance to permit the reasonable and safe passage of motor vehicles, provided that a building or structure may be erected upon a lot within a registered plan of subdivision in accordance with the provisions of a Subdivision Agreement in respect of such plan of subdivision, notwithstanding that the roads within such plan of subdivision have not been assumed and are not being maintained by the Municipality. 6.24. ONE OR MORE PERMITTED USES Where one or more uses are permitted in any zone, land may be used and buildings may be erected and used thereon for one or more of the uses so permitted, provided the requirements of this By-law are satisfied for each such use. 6.25. USE OF YARDS ON LANDS WITHOUT BUILDINGS Where land is used for or in connection with a residential, commercial, industrial, or community facility use but without any buildings or structures thereon, all yards required by this By-law on a lot in the respective use zone shall be provided and maintained as yards and the applicable regulations shall apply, except where the land or lot is used for gardening or open space purposes not prohibited by this By-law in such use zone. 6.26. YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES No part of a yard or other open space required for any building for the purpose of complying with the provisions of this By-law, shall be included as part of a yard or other open space similarly required for another building. 6.27. THROUGH LOTS Where a lot which is not a corner lot has frontage on more than one street, the setback and front yard requirements contained herein shall apply on each street in accordance with the provisions of the zone or zones in which such lot is located. 6.28. SIGHT TRIANGLES On a corner lot within the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 9 metres measured along the street line from the point of intersection of the street lines, no building, structure, planting or parked vehicles which would obstruct the vision of drivers of motor vehicles shall be erected with the exception of the core area commercial (C4) zone and Mixed Use Core Area Commercial (C5) Zone. Such triangular space may hereinafter be called a “sight triangle” as illustrated in Appendix 7. Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. 6.29. RESIDENTIAL SETBACKS FROM RAILWAY RIGHT-OF-WAYS All forms of housing shall be screened from an adjacent railway right-of-way by a fence wall or berm designed to minimize noise and visual nuisance in accordance with Section 6.16. The minimum 62 distance between the nearest wall of the residential building and the boundary of the railway right-ofway shall be 27 metres for residential dwellings less than four storeys in height and 60 metres for residential dwellings four storeys and higher. 6.30. RESIDENTIAL SETBACKS FROM AN ABATTOIR No residential dwelling shall be erected within 182 metres of an abattoir. 6.31. TEMPORARY BUILDINGS AND USES In all zones, the use of land or a building for a construction office, tool shed, or for the storage of scaffolds, equipment and material which is incidental to and necessary for construction work in progress is permitted for so long as the same are necessary for construction which has neither been finished nor abandoned; in all residential and commercial zones, “temporary use” shall include the continued use of an existing building on a site during the construction of a building intended to replace such building provided that: 6.31.1. in no case may such existing building remain undemolished on the site for longer than sixty days after the building intended to replace such existing building is ready in whole or in part for occupancy, or two years after the date of issue of the building permit for the building intended to replace such existing building, whichever comes first; 6.31.2. safety and emergency access are provided and maintained to the satisfaction of the Chief Building Official of the Town of Goderich and the Chief of the Fire Department of the Town of Goderich; 6.31.3. the minimum parking requirements for use of the existing building on the site continue to be provided on the site until the existing building is vacated; and 6.31.4. there may be deposited with the Chief Building Official of the Town of Goderich a sum sufficient in the opinion of the Chief Building Official to cover the costs of such demolition of such existing building by the Town of Goderich in the event it is not demolished within the time above stipulated. 6.32. PUBLIC UTILITY SERVICES The provisions of this By-law shall not apply to prevent the use of any land as a street or to prevent the installation of public services and utilities such as water mains, railway lines, electrical sub-stations and transmission lines of 230 kv or less, pumping stations, flood and erosion control works, telephone and cable lines, and accessory utility service buildings and structures provided: 6.32.1. The approval of the Municipality has been obtained except where approval has been given under the provisions of The Environmental Assessment Act. 6.32.2. Where a utility service building is required in a residential area, a rezoning to Site Specific Community Facility (CF3) shall be required. Where a utility service building is required in a nonresidential area, it shall be established in accordance with the following provisions: 6.32.2.1. FRONT YARD Minimum: as per zone provisions 6.32.2.2. INTERIOR SIDE YARD Minimum: 5 metres 6.32.2.3. EXTERIOR SIDE YARD Minimum: as per zone provisions 6.32.2.4. REAR YARD Minimum: 8 metres 6.32.2.5. HEIGHT Maximum: 9 metres 6.32.2.5. FRONTAGE Minimum: no minimum 6.32.2.7. LOT COVERAGE Maximum: 50 percent 6.32.2.8. LOT AREA Minimum: no minimum 6.32.2.9. LANDSCAPED OPEN SPACE Minimum: 25 percent 63 6.32.3. Any building or structure erected under authority of this section shall be designed, constructed, landscaped and maintained in harmony with the character and appearance of the surrounding area. 6.32.4. No goods, equipment or material shall be stored in the open in a residential zone. 6.32.5. Parking, loading and planting strips shall be provided as required under Section 6 hereof. 6.33. MUNICIPAL WATER SUPPLY 6.33.1. No land shall be used or built upon and no building or structure shall be erected, used or expanded for any purpose unless all municipal services (sanitary sewers and watermains) are available and adequate. 6.33.2. Notwithstanding the foregoing, the following may be permitted without full municipal services: 6.33.2.1. additions to and accessory buildings for existing residential dwellings are permitted if the said additions and/or accessory building comply with all other regulations of the zone in which the dwelling unit is located; 6.33.2.2. a permitted non-residential use may be constructed in an H1, H2, OS1, OS2 or natural environment zone provided with a private sewage system, subject to the written approval of the County of Huron Medical Officer of Health for the installation of a private sewage disposal system; 6.33.2.3. at such time as it is feasible to extend municipal sanitary sewers, all lands not so provided shall be required to connect to the municipal sanitary sewer system as soon as it becomes operative. 6.34. ACCESSIBILITY All new buildings, with the exception of residences, should have regard to accessibility. Accessibility issues will be considered in accordance with the Ontarians with Disabilities Act and/or Municipal legislation regarding accessibility. 6.35. EXTERIOR, LIGHTING The type, location, height, intensity and direction of lighting shall be designed to ensure that lighting is confined to the building face, parking area and vicinity of the site and does not cast glare onto adjacent properties adversely affecting the use of the property or onto an adjacent public street which would pose a vehicular safety hazard. Energy conservation measures should be considered to ensure the site is not illuminated more than necessary. 6.36. CONSERVATION AUTHORITY REGULATED LANDS & DEVELOPMENT (FILL, CONSTRUCTION & SITE ALTERATION), INTERFERENCE WITH WETLANDS & ALTERATION TO SHORELINES AND WATERCOURSES The Maitland Valley Conservation Authority has jurisdiction in the Town of Goderich. Conservation Authority Regulations affect areas such as the Lake Huron shoreline including the area from the furthest offshore extent of the Authority’s boundary to the furthest landward extent of the predicted 100 year erosion hazard, river or stream valleys (including the watercourse and floodplain), hazard lands (as defined), and wetlands. Lands adjacent to these physical features may lie within a regulated area and a permit from the Conservation Authority may be required for the construction of buildings and structures, site alteration including grading and the placing and removing of fill of any kind, alteration of a watercourse, or the interference to a wetland. It is recommended that prior to the commencement of any of the above activities, the Conservation Authority be contacted (specifically with regards to the 100 year erosion hazard as 64 it is a moving line), to determine if their Regulations apply to the lands. Further information regarding these regulations is available at the Municipal Office and the Conservation Authority office. 6.37. GARDEN SUITES Garden Suites are permitted in the Town of Goderich in accordance with the provisions of the Planning Act, Section 39.1. As a condition to passing a by-law authorizing the temporary use of a garden suite under the Planning Act, the Municipal Council may require the owner of the suite or any other person to enter into an agreement with the Town dealing with such matters related to the temporary use of the garden suite as the council considers necessary or advisable, including: - The installation, maintenance and removal of the garden suite; - The period of occupancy of the garden suite by any of the persons named in the agreement; and - The monetary or other form of security that the council may require for actual or potential costs to the Town related to the garden suite. 6.38. HAZARD LAND REQUIREMENTS In addition to the zone provisions of the applicable zones, this By-law shall regulate development on and adjacent to Hazard lands. Hazard lands include those lands that are susceptible to flooding or erosion, have steep slopes or soil instability or other environmental or human made hazard. No development shall be permitted on hazard lands or adjacent to hazard lands until a required Environmental Impact Study or other required studies have been completed to the satisfaction of, and approved by the Town of Goderich and the Conservation Authority. Hazard lands may be zoned Public Open Space (OSI), Natural Environment (NE), Flood (F) or Open Water (OW). All hazard lands are subject to this general provision. 6.39. TOP OF BANK Any development on properties affected by the top-of-bank will require consultation with the Maitland Valley Conservation Authority. 6.40. TEMPORARY USE BY-LAWS CURRENTLY IN EFFECT Temporary Use – Expires August 14, 2015 (By-law 94/2012) (Key Map 3) This temporary use by-law hereby applies to Lot 582, RP. 457, also known as 37 Napier St., Goderich; (i) The temporary use authorized by this by-law shall be in effect for a period of time of 3 years effective August 14, 2012. (ii) The Council may, by by-law, grant further periods of not more than three years each during which the temporary use is authorized; (iii) The temporary u se permitted by this by-law is as follows: Notwithstanding any provisions of Section 2.1 of By-law 124 of 2013, as amended, to the contrary, the lands to which this temporary use by-law applies may be used for one existing accessory structure (shed) on a temporary basis. 6.41. LOT ENLARGEMENT, MINOR Where lands are severed and merged on title with abutting lands, the zoning on the existing property shall apply to the lands to be merged on title. This provision applies only where a severance is granted for the purpose of minor lot enlargement. 65 SECTION 7. RESIDENTIAL LOWEST DENSITY (R1) ZONE 7.1. USES PERMITTED No person shall within any R1 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - single detached dwelling; - secondary unit; - group home; - home occupation as defined herein; - public park in accordance with Section 25 hereof; - accessory uses as permitted by this By-law. 7.2. ZONE PROVISIONS No person shall within any R1 zone use any lot or erect, alter or use any building except in accordance with the following provisions: 7.2.1. DWELLING, SINGLE DETACHED 7.2.1.1. LOT FRONTAGE Minimum for interior lot: 15.5 metres Minimum for corner lot: 18 metres 7.2.1.2. LOT AREA Minimum for interior lot: 460 square metres Minimum for corner lot: 650 square metres 7.2.1.3. LOT COVERAGE Maximum: 35 percent 7.2.1.4. FRONT YARD Minimum: 4.5 metres 7.2.1.5. REAR YARD Minimum: 8 metres 7.2.1.6. INTERIOR SIDE YARD Minimum: 1.5 metres 7.2.1.7. EXTERIOR SIDE YARD Minimum: 4.5 metres 7.2.1.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 7.2.1.9. HEIGHT OF BUILDING Maximum: 9 metres 7.2.1.10. NUMBER OF DETACHED SINGLE-FAMILY DWELLINGS PER LOT Maximum: 1 7.2.1.11. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 7.2.2. GROUP HOME, SINGLE DETACHED DWELLING A group home is permitted in a single detached dwelling subject to the definition of a “Dwelling, Group Home” as defined in this Bylaw and in accordance with the provisions of Section 7.2.1. hereof. In addition, the following provisions shall apply: 7.2.2.1. SEPARATION DISTANCE BETWEEN GROUP HOMES Minimum: 300 metres 7.2.2.2. OUTSIDE AMENITY AREA Minimum: 18.58 square metres per occupant 7.2.2.3. PARKING Minimum: 1 space per 3 beds 7.2.3. DWELLING, SECONDARY UNIT The following provisions apply to a secondary unit: 7.2.3.1. A maximum of one (1) secondary dwelling unit shall be permitted per dwelling. 66 7.2.3.1. Notwithstanding the provisions of Section 6.13., one (1) on-site parking space shall be required for a secondary unit in addition to the residential parking space requirements of this By-law. 7.2.3.1. Where a single detached dwelling unit, semi-detached dwelling unit, or multiple attached dwelling unit contains a secondary unit and is permitted to have a home occupation, the home occupation shall be permitted in only one unit, in accordance with the definition of HOME OCCUPATION. 7.2.3.1. Secondary Unit Specifications i) Floor Area (Minimum): 35.0 square metres ii) Notwithstanding any provision to the contrary, not more than one entrance is permitted along any walls facing a street line, including below grade walkouts. iii) Where a secondary unit is contained within an accessory building, the provisions of Section 6.9. shall apply. iv) All secondary units must comply with any applicable laws and standards including the Ontario Building Code, Fire Code and property standards bylaws. 7.3. SPECIAL R1 ZONES 7.3.1. R1-h: (Key Maps 10 & 11) Notwithstanding the provisions of Section 7 hereof to the contrary, the lands zoned R1-h on the attached Schedule “A” to this By-law, shall not be used for uses other than those legally existing at the date of passage of this By-law. Lands zoned R1-h under this By-law may be used for future low density R1 residential uses by applying for a rezoning from R1-h to R1. 7.3.2. R1-1: (Key Maps 10 & 11) Notwithstanding the provisions of section 7.2.1 to the contrary, the following provisions shall apply to the area zoned R1-1: LOT FRONTAGE Minimum: In accordance with Registered Plans 619 and 620 LOT AREA Minimum: In accordance with Registered Plans 619 and 620 LOT COVERAGE Maximum: 45% FRONT YARD Minimum: 4.5 metres REAR YARD Minimum: 8 metres Provided that lots that back onto an OS1 zone may have a minimum rear yard: 6 metres Provided that lots that back onto an OS2 zone may have a minimum rear yard: 3.5 metres INTERIOR SIDE YARD Minimum: 1 metre (Certain restrictive standards may apply under the Ontario Building Code depending on the actual setback used). Not more than 54 dwelling units will be permitted by the removal of the Holding Symbol (-H) until Warren Street is opened through to Sunset Drive. All other applicable provisions shall apply. 7.3.3. R1-2: (Key Map 14) Notwithstanding the provisions of Section 7.1 and 6.9 to the contrary, within the area zoned R1-2, an accessory structure with a maximum floor area of 1050 square feet is permitted in the absence of a principal residence. All other applicable provisions shall apply. 67 SECTION 8. RESIDENTIAL LOW DENSITY (R2) ZONE 8.1. USES PERMITTED No person shall within any R2 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - single detached dwelling in accordance with the provisions contained in Section 7; - semi-detached dwelling; - secondary unit; - duplex dwelling; - group home; - converted dwelling containing not more than 2 units; - boarding, lodging, guest or tourist home containing not more than 2 units; - clinic located on an arterial road, as defined on Schedule “B” of this By-law; - home occupation in accordance with Section 6.10 of this Bylaw; - public park in accordance with the provisions of Section 25 hereof; - accessory uses as permitted by this By-law. 8.2. ZONE PROVISIONS No person shall within any R2 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 8.2.1. DWELLING, SINGLE DETACHED The provisions as set out in Section 7.2.1 shall apply. 8.2.2 GROUP HOME, SINGLE DETACHED DWELLING A group home is permitted in a single detached dwelling subject to the definition of a “Dwelling, Group Home” as defined in this Bylaw and in accordance with the provisions of Section 7.2.1. hereof. In addition, the following provisions shall apply: 8.2.2.1. SEPARATION DISTANCE BETWEEN GROUP HOMES Minimum: 300 metres 8.2.22. OUTSIDE AMENITY AREA Minimum: 18.58 square metres per occupant 8.2.2.3. PARKING Minimum: 1 space per 3 beds 8.2.3. DWELLING, SEMI-DETACHED 8.2.3.1. LOT FRONTAGE Minimum for interior lot: 10.5 metres per unit Minimum for corner lot: 10.5 metres for the interior unit and 12 metres for the corner unit 8.2.3.2. LOT AREA Minimum for interior lot: 325 square metres per unit Minimum for corner lot: 270 square metres for the interior unit and 360 square metres for the corner unit 8.2.3.3. LOT COVERAGE Maximum: 40 percent 8.2.3.4. FRONT YARD Minimum: 4.5 metres 8.2.3.5. REAR YARD Minimum: 8 metres 8.2.3.6. INTERIOR SIDE YARD Minimum: 3 metres Minimum where a garage or carport is attached to the exterior wall of the main building: 1.5 metres 8.2.3.7. EXTERIOR SIDE YARD Minimum: 4.5 metres 8.2.3.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 8.2.3.9. HEIGHT OF BUILDING Maximum: 11 metres 8.2.3.10. NUMBER OF SEMI–DETACHED DWELLING HOUSES PER LOT Maximum: 1 68 8.2.3.11. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 8.2.4. GROUP HOME, SEMI-DETACHED DWELLING A group home is permitted in a semi-detached dwelling subject to the definition of a “Dwelling, Group Home” as defined in this Bylaw and in accordance with the provisions of Section 7.2.4 hereof. In addition, the provisions of subsection 7.2.2.1 shall apply. 8.2.5.. SECONDARY UNITS The provisions as set out in Section 7.2.3.1 shall apply. 8.2.6. DWELLING, DUPLEX 8.2.6.1. LOT FRONTAGE Minimum for interior lot: 18 metres Minimum for corner lot: 19.5 metres 8.2.6.2. LOT AREA Minimum for interior lot: 540 square metres Minimum for corner lot: 650 square metres 8.2.6.3. LOT COVERAGE Maximum: 40 percent 8.2.6.4. FRONT YARD Minimum: 4.5 metres 8.2.6.5. REAR YARD Minimum: 8 metres 8.2.6.6. INTERIOR SIDE YARD Minimum: 3 metres on one side and 1.5 metres on the other side Minimum where two garages or carports are attached to the main building or where the lot is a corner lot: 1.5 metres 8.2.6.7. EXTERIOR SIDE YARD Minimum: 4.5 metres 8.2.6.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 8.2.6.9. HEIGHT OF BUILDING Maximum: 11 metres 8.2.6.10. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 8.2.7. GROUP HOME, DUPLEX DWELLING A group home is permitted in a duplex dwelling subject to definition of a “Dwelling, Group Home” as defined within this By-law and in accordance with the provisions of Section 7.2.6 hereof. In addition, the provisions as set out in subsection 7.2.2.1 shall apply. 8.2.8. CONVERTED DWELLING, BOARDING OR LODGING DWELLING, TOURIST OR GUEST, GROUP HOME, CLINIC 8.2.8.1. 8.2.8.2. 8.2.8.3. 8.2.8.4. 8.2.8.5. 8.2.8.6. 8.2.8.7. 8.2.8.8. 8.2.8.9. LOT FRONTAGE Minimum: 16 metres LOT AREA Minimum: 500 square metres for the first dwelling unit plus 75 square metres for each additional dwelling unit or boarding room or guest room; Minimum for Clinic: 650 square metres; LOT COVERAGE Maximum: 40 percent FRONT YARD Minimum: 4.5 metres REAR YARD Minimum: 8 metres INTERIOR SIDE YARD Minimum (interior lot): 3 metres on one side and 1.5 metres on the other side Minimum (corner lot): 1.5 metres Minimum where a garage or carport is attached to the main building: 1.5 metres EXTERIOR SIDE YARD Minimum: 4.5 metres LANDSCAPED OPEN SPACE Minimum: 35 percent HEIGHT OF BUILDING Maximum: 11 metres 69 8.2.8.10. NUMBER OF CONVERTED, BOARDING, LODGING, TOURIST, GUEST DWELLINGS OR CLINICS PER LOT Maximum: 1 8.2.8.11. NUMBER OF DWELLING UNITS OR GUEST ROOMS PER DWELLING Maximum: 2 8.2.8.12. OUTDOOR AMENITY AREA For each dwelling unit in a converted dwelling, an outdoor landscaped amenity area unobstructed by buildings or outdoor parking shall be provided as follows: bachelor unit or guest room: 14 square metres 1 bedroom unit: 18 square metres 2 bedroom unit: 53 square metres 3 bedroom unit: 65 square metres 8.2.8.13. CONVERSIONS OF EXISTING DWELLINGS 8.2.8.13.1. YARDS EXEMPTED Notwithstanding any provisions in this By-law to the contrary, a dwelling lawfully existing on the date of passing of this By-law and containing a dwelling unit floor area of not less than 93 square metres and having contiguous thereto front, rear and side yards less than required under the zone provisions of the R2 zone, may be altered to a converted dwelling, boarding or lodging home, tourist or guest home, group home, or clinic (on an arterial road or in R2-2 zone) provided all other requirements of this By-law are complied with. 8.2.8.13.2. ALL CONVERSIONS A dwelling lawfully existing on the date of passing of this By-law may be altered to a converted dwelling, boarding or lodging home, tourist or guest home, group home, or clinic (clinic on an arterial road or in R2-2 zone) provided: - such dwelling is certified by the Building Inspector and Fire Chief to be suitable for such alteration; - the external residential appearance and character of the dwelling is preserved; - any additional exterior stairways for such converted units shall be located in the rear yard or interior side yard; - all other requirements of this By-law are complied with. 8.3. SPECIAL R2 ZONES 8.3.1. R2-1: (Key Map 6) Notwithstanding the provisions of Section 8 hereof to the contrary, the lands zoned R2-1, on part lots 3, 4, 5, 6, 7 and 8, R.P. 457, Town of Goderich, may be used for a dining room and tavern in accordance with the following site standards: Parking: A minimum of 13 spaces shall be provided to the rear of the main building and an additional 18 spaces to be provided in the interior side yard. The parking areas shall be separated by a Town of Goderich ROW (right of way) which accesses the abutting public park (Harbour Park). 8.3.2. R2-2: (Key Map 4) Notwithstanding the provisions of section 8 hereof to the contrary, the lands zoned R2-2 may be used as a special medical care facility area. Such uses must conform to all other applicable R2 provisions of this By-law for such uses. 8.3.3. R2-3: (Key Map 13) Notwithstanding the provisions of section 8 hereof to the contrary, the lands zoned R2-3 may be used for the following permitted uses in addition to all R2 uses: - a handicapped workshop; - a boat, motor home or travel trailer sales and service establishment; - a farm produce sales outlet; - a medical or dental clinic; - a business equipment sales and service facility; - a commercial recreational facility or health club; 70 - a public building; a business or professional office; a building trades sales and service establishment; a real estate office; general offices; an inside storage facility; a small motors repair shop excluding motor bikes and snowmobiles; an appliance service centre; a sports shop. 8.3.4. R2-4: (Key Map 7) Notwithstanding the provisions of Section 8 hereof to the contrary, the lands zoned R2-4 may be used for R2 uses, including the existing motor vehicle repair establishment. The site standards for the permitted motor vehicle repair establishment shall be those existing at the date of passage of this Bylaw. 8.3.5. R2-5: (Key Map 8) Notwithstanding the provisions of Section 8 hereof to the contrary, the lands zoned R2-5 may be used for R2 uses, including the existing funeral home. The site standards for the funeral home shall be those existing at the date of passage of this By-law. 8.3.6. R2-6: (Key Map 7) Notwithstanding the provisions of Section 8 to the contrary, the area zoned R2-6 may be used for a clinic and one dwelling unit, subject to the provisions of Section 8.2.1. A minimum of 3 parking spaces shall be provided. All other applicable provisions shall apply. 8.3.7. R2-7: (Key Map 7) Notwithstanding the provisions of Section 6.10 to the contrary, the area zoned R2-7 may be used for the selling of antique furniture and collectibles as a permitted home occupation. Notwithstanding the provisions of Section 6.13 to the contrary, for the area zoned R2-7, a minimum of two off-street parking spaces shall be provided and such parking spaces may be located in a single line in the driveway (i.e. the inner parking space may not be accessible independently). All other applicable provisions shall apply. 8.3.8. R2-8: (Key Map 8) Notwithstanding the provisions of Section 8 to the contrary, the area zoned R2-8 may also be used for one clinic fronting onto Bruce Street, for up to 3 practitioners on a total existing floor area not exceeding 160 square metres, based on the parking area accessed from Bruce Street existing on the date of passing of this by-law. All other applicable provisions shall apply. 8.3.9. R2-9: (Key Maps 11 and 13) Notwithstanding the provisions of Section 8 to the contrary, the area zoned R2-9 may be used for a convenience store and a residential dwelling unit, or two residential dwelling units. For a convenience store use, the following provisions shall apply: 8.2.9.9.1. Lot frontage minimum (interior lot): 18 m Lot frontage minimum (corner lot): 21 m 8.2.9.9.2. Lot area minimum (interior lot): 630 sq. m Lot area minimum (corner lot): 735 sq. m 8.2.9.9.3. Lot coverage maximum: 35% 8.2.9.9.4. Rear yard minimum: 8m (where rear lot line abuts Residential zone) 10 m 8.2.9.9.5. Interior side yard minimum 3m (where interior side yard abuts Residential zone) 4.5 m 8.2.9.9.6. For residential uses only the provisions of Section 8 shall apply. All other provisions of this By-law, as amended, shall apply. 71 8.3.10. R2-10: (Key Map 7) Notwithstanding Section 8.2.1. of this By-law to the contrary, the area zoned R2-10 shall permit a rear yard setback for a single detached dwelling of 4.1 m. All other applicable provisions of this By-law, as amended, shall apply. 8.3.11. R2-11: (Key Map 7) Notwithstanding Section 8.2.1. of this By-law to the contrary, the area zoned R2-11 shall permit a rear yard setback for a single detached dwelling of 5.9 m. All other applicable provisions of this By-law, as amended, shall apply. 72 SECTION 9. RESIDENTIAL MEDIUM-LOW DENSITY (R3) ZONE 9.1. USES PERMITTED No person shall within any R3 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - all uses permitted in R1 and R2 zones in accordance with the provisions contained in Sections 7 & 8, respectively; - triplex; - converted dwelling containing no more than 3 dwelling units; - boarding, lodging, guest or tourist home containing no more than 3 rooms; - multiple attached dwelling containing no more than 3 dwelling units; - clinic located on an arterial road, as defined on Schedule “B” of this By-law; - home occupation in accordance with the Section 6.10 of this Bylaw; - public park in accordance with the provisions of Section 25 hereof; - accessory uses as permitted by this By-law. 9.2.1. DWELLING, TRIPLEX 9.2.1.1. LOT FRONTAGE Minimum: 20 metres 9.2.1.2 AREA Minimum: 686 square metres 9.2.1.3. LOT COVERAGE Maximum: 40 percent 9.2.1.4. FRONT YARD Minimum: 6 metres 9.2.1.5. REAR YARD Minimum: 8 metres 9.2.1.6. INTERIOR SIDE YARD Minimum: 4.5 metres on one side and 3 metres on the other side OR Minimum where three garages or carports are attached to the main building or where the lot is a corner lot: 3 metres 9.2.1.7. EXTERIOR SIDE YARD Minimum 6 metres 9.2.1.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 9.2.1.9. HEIGHT OF BUILDING Maximum: 13 metres 9.2.1.10. NUMBER OF TRIPLEX DWELLINGS PER LOT Maximum: 1 9.2.1.11. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 9.2.1.12. GROUP HOME, TRIPLEX A group home shall be prohibited in a triplex dwelling. 9.2.2. CONVERTED DWELLING, BOARDING OR LODGING DWELLING, TOURIST OR GUEST HOME The provisions of Section 8.2.8. apply. 9.2.3. 9.2.3.1 9.2.3.2. 9.2.3.3. 9.2.3.4. 9.2.3.5. 9.2.3.6. 9.2.3.7. DWELLING, MULTIPLE ATTACHED LOT FRONTAGE (minimum): 30 metres total development with minimum of 7.5 metres per unit LOT AREA FOR EACH DWELLING UNIT (Minimum): Interior Unit: for a unit with two walls attached to adjoining units: 190 square metres End Unit: for a unit with only one wall attached to an adjoining unit: 304 square metres Corner Unit: for a unit on a corner lot: 418 square metres LOT COVERAGE Maximum: 40 percent FRONT YARD Minimum: 7.5 metres REAR YARD Minimum: 10.7 metres INTERIOR SIDE YARD Minimum for end dwelling units: 3 metres EXTERIOR SIDE YARD Minimum: 7.5 metres 73 9.2.3.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 9.2.3.9. HEIGHT OF BUILDING Maximum: 11 metres 9.2.3.10. 10. NUMBER OF DWELLING UNITS PER BUILDING Maximum: 3 9.2.3.11. MINIMUM AMENITY AREA For each dwelling unit in a multiple attached dwelling, amenity area for the private and communal recreational needs of the residents shall be provided as follows: bachelor unit: 15 square metres 1 bedroom unit: 20 square metres 2 bedroom unit: 55 square metres 3 bedroom unit: 90 square metres The required amenity area includes privacy yards, landscaped outdoor communal areas and children’s outdoor play area. 9.2.3.12 PRIVACY YARDS Each dwelling unit in a multiple attached dwelling shall be provided with an unobstructed privacy yard, clear of any walkway, buildings, communal amenity areas, or surface parking, to be used as a private outdoor amenity area for the occupants of the dwelling unit, as follows: Location: At the rear of the dwelling unit and extending across the entire width of the dwelling unit; Depth (minimum): 6 metres from the wall of the dwelling unit, measured perpendicularly from the exterior wall of the dwelling unit; Privacy: The privacy yard shall be bordered by a wall or wood fence of not less than 2 metres in height and projecting a minimum of 3 metres from the exterior wall of the dwelling unit; 9.2.3.13. MORE THAN ONE MULTIPLE ATTACHED DWELLING WITH THREE UNITS OR LESS ON A LOT More than one multiple attached dwelling unit with three units or less may be established on a lot subject to the following: 9.2.3.13.1. front, rear and side yards shall be provided for the development as a whole; 9.2.3.13.2. Building Separation -Between the front/rear wall of one building and the front/rear wall of another building, the minimum building separation shall be 15 metres; -Between the front/rear wall of one building and the end wall of another building (where such end wall contains no habitable room window), the minimum building separation shall be 10 metres; -Between the end wall of one building and the end wall of another building (where such end walls contain no habitable room window), the minimum building separation shall be 3 metres; -Note: Where an end wall contains one or more habitable room windows, such end wall shall be considered a front/rear wall for the purpose of the building separation requirements. 9.2.4.14. CHILDREN’S OUTDOOR PLAY AREA Where there are more than four multiple attached dwelling units located on a site, a children’s outdoor play area shall be provided with the minimum size of the play area to be determined as follows: 2 bedroom unit: 1.4 square metres 3 bedroom unit: 1.9 square metres 4 bedroom unit: 2.3 square metres In no case shall the play area have an area less than 50 square metres; the play areas shall have unobstructed access from the dwelling and shall not be located in a front yard or privacy yard or closer than 5 metres to any door or window to a dwelling unit. 9.2.3.15. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 9.2.3.16. SECONDARY UNITS 74 The provisions as set out in Section 7.2.2.1. shall apply. 75 SECTION 10. RESIDENTIAL MEDIUM DENSITY (R4) ZONE 10.1. USES PERMITTED No person shall within any R4 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - all uses permitted in the R1, R2 and R3 zones in accordance with the provisions in Sections 7, 8 and 9, respectively; - fourplex; - converted dwelling containing no more than 4 dwelling units; - multiple attached dwelling containing no more than 4 dwelling units; - clinic located on an arterial road, as defined on Schedule “B” of this By-law; - home occupation in accordance with the Section 6.10 of this Bylaw; - public park in accordance with the provisions of Section 25 hereof; - accessory uses as permitted by this By-law. 10.2 Zone Provisions No person shall within any R4 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 10.2.1. DWELLING, FOURPLEX 10.2.1.1. LOT FRONTAGE Minimum: 20 metres 10.2.1.2. LOT AREA Minimum: 743 square metres 10.2.1.3. LOT COVERAGE Maximum: 40 percent 10.2.1.4. FRONT YARD Minimum: 6 metres 10.2.1.5. REAR YARD Minimum: 8 metres 10.2.1.6. INTERIOR SIDE YARD Minimum: 4.5 metres 10.2.1.7. EXTERIOR SIDE YARD Minimum: 6 metres 10.2.1.8. LANDSCAPED OPEN SPACE Minimum: 35 percent 10.2.1.9. HEIGHT OF BUILDING Maximum: 11 metres 10.2.1.10. NUMBER OF FOURPLEX DWELLINGS PER LOT Maximum: 1 10.2.1.11. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 10.2.2. GROUP HOME, FOURPLEX A group home is prohibited in a fourplex dwelling. 10.2.3. SECONDARY UNITS The provisions as set out in Section 7.2.2.1. shall apply. 10.2.4. MULTIPLE ATTACHED DWELLING 10.2.4.1 LOT FRONTAGE (minimum): 30 metres total development with minimum of 7.5 metres per unit 10.2.4.2. LOT AREA FOR EACH DWELLING UNIT (Minimum): Interior Unit: for a unit with two walls attached to adjoining units: 190 square metres End Unit: for a unit with only one wall attached to an adjoining unit: 304 square metres Corner Unit: for a unit on a corner lot: 418 square metres 10.2.4.3. LOT COVERAGE Maximum: 40 percent 10.2.4.4. FRONT YARD Minimum: 7.5 metres 10.2.4.5. REAR YARD Minimum: 10.7 metres 10.2.4.6. INTERIOR SIDE YARD Minimum for end dwelling units: 3 metres 10.2.4.7. EXTERIOR SIDE YARD Minimum: 7.5 metres 10.2.4.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 76 10.2.4.9. HEIGHT OF BUILDING Maximum: 11 metres 10.2.4.10. NUMBER OF DWELLING UNITS PER BUILDING Maximum: 4 10.2.4.11. MINIMUM AMENITY AREA For each dwelling unit in a multiple attached dwelling, amenity area for the private and communal recreational needs of the residents shall be provided as follows: bachelor unit: 15 square metres 1 bedroom unit: 20 square metres 2 bedroom unit: 55 square metres 3 bedroom unit: 90 square metres 4 bedroom unit: 110 square metres The required amenity area includes privacy yards, landscaped outdoor communal areas and children’s outdoor play areas. 10.2.4.12 PRIVACY YARDS Each dwelling unit in a multiple attached dwelling shall be provided with an unobstructed privacy yard, clear of any walkway, buildings, communal amenity areas, or surface parking, to be used as a private outdoor amenity area for the occupants of the dwelling unit, as follows: Location: At the rear of the dwelling unit and extending across the entire width of the dwelling unit; Depth (minimum): 6 metres from the wall of the dwelling unit, measured perpendicularly from the exterior wall of the dwelling unit; Privacy: The privacy yard shall be bordered by a wall or wood fence of not less than 2 metres in height and projecting a minimum of 3 metres from the exterior wall of the dwelling unit; 10.2.4.13. CHILDREN’S OUTDOOR PLAY AREA Where there are four or more multiple attached dwelling units located on a site, a children’s outdoor play area shall be provided with the minimum size of the play area to be determined as follows: 2 bedroom unit: 1.4 square metres 3 bedroom unit: 1.9 square metres 4 bedroom unit: 2.3 square metres In no case shall the play area have an area less than 50 square metres; the play areas shall have unobstructed access from the dwelling and shall not be located in a front yard or privacy yard or closer than 5 metres to any door or window to a dwelling unit. 10.2.4.14. MORE THAN ONE MULTIPLE ATTACHED DWELLING ON A LOT More than one multiple attached dwelling unit may be established on a lot subject to the following: 10.2.4.14.1. front, rear and side yards shall be provided for the development as a whole; 10.2.4.14.2. Building Separation - Between the front/rear wall of one building and the front/rear wall of another building, the minimum building separation shall be 15 metres; - Between the front/rear wall of one building and the end wall of another building (where such end wall contains no habitable room window), the minimum building separation shall be 10 metres; - Between the end wall of one building and the end wall of another building (where such end walls contain no habitable room window), the minimum building separation shall be 3 metres; - Note: Where an end wall contains one or more habitable room windows, such end wall shall be considered a front/rear wall for the purpose of the building separation requirements. 10.2.4.15. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 10.2.4.16. SECONDARY UNITS The provisions as set out in Section 7.2.2.1. shall apply. 77 10.3 SPECIAL ZONES 10.3.1. R4-1 (Formerly R2-12): (Key Map 7) Notwithstanding Section 10.1 to the contrary, the area zoned R4-1 may permit a multiple attached dwelling containing a maximum of four dwelling units. The provisions of Section 10.2.4 (Multiple Attached Dwellings) shall apply with the following exceptions: Lot Area (minimum): 950 sq. m Lot Coverage (minimum): 50% Front Yard (minimum): 3.3 m Rear Yard (minimum): 4.3 m Privacy Yard Depth (minimum): 4.3 m Notwithstanding Section 6.13.10 of this By-law to the contrary, on the lands zoned R4-1, a minimum of 4 parking spaces shall be provided. All other applicable provisions of this By-law, as amended, shall apply. 10.3.2. R4-2 (Formerly R3-4): (Key Map 14) Notwithstanding any provision of this By-law to the contrary, the area zoned R4-4 shall be limited to multiple attached dwellings containing not more than 40 dwelling units in total, subject to the following requirements. - Lot Frontage (minimum) 9 metres - Lot Area (minimum) 270 square metres - Lot Coverage (maximum): 50% - Front Yard (minimum): 6 metres - Rear Yard (minimum): 9.7 metres - Interior Side Yard (minimum): For an Attached Side 0 metres For an Unattached Side 1.5 metres - Exterior Side Yard (minimum): 3 metres - Landscaped Open Space (minimum): 30% - Height of Building (maximum): 8 metres and not exceeding 1 storey - Sections 9.2.2.10 (Floor Area) shall apply. - Number of Dwelling Units per Building (maximum): 4 - Sections 9.2.2.12 through 9.2.2.16 shall not apply. - One parking space per dwelling unit shall be provided. Parking spaces may be located in the front yard if accessed by individual private driveways. All other provisions of this By-law, as amended, shall apply. 10.3.3. R4-3 (Formerly R3-15): (Key Map 14) Notwithstanding the provisions of Section 10.2.4, for a 4 unit or less multiple attached dwelling, the area zoned R4-3 recognizes Lot Area Minimum 1109.7 sq. metres Lot Frontage Minimum 23.3 metres; Front Yard Setback Minimum 4.18 metres Exterior Side Yard Minimum 4.7 metres All other provisions of the R4 zone apply. 10.3.4. R4-4 (Formerly R3-10): (Key Map 14) Notwithstanding the provisions of Section 10.1 to the contrary, the area zoned R4-6 shall be limited to a fourplex. All other applicable provisions shall apply. 78 SECTION 11. RESIDENTIAL HIGH DENSITY (R5) ZONE 11.1. USES PERMITTED No person shall within any R5 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - a multiple attached dwelling; - an apartment dwelling; - a nursing home, home for the aged, rest home or retirement residence; - a public park in accordance with the provisions of Section 25 hereof. 11.2. ZONE PROVISIONS No person shall within any R5 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 11.2.1. DWELLING, MULTIPLE ATTACHED 11.2.1.1. LOT FRONTAGE (minimum): 30 metres total development with minimum of 7.5 metres per unit 11.2.1.2. LOT AREA FOR EACH DWELLING UNIT (Minimum): Interior Unit: for a unit with two walls attached to adjoining units: 190 square metres End Unit: for a unit with only one wall attached to an adjoining unit: 304 square metres Corner Unit: for a unit on a corner lot: 418 square metres 11.2.1.3. LOT COVERAGE Maximum: 40 percent 11.2.1.4. FRONT YARD Minimum: 7.5 metres 11.2.1.5. REAR YARD Minimum: 10.7 metres 11.2.1.6. INTERIOR SIDE YARD Minimum for end dwelling units: 3 metres 11.2.1.7. EXTERIOR SIDE YARD Minimum: 7.5 metres 11.2.1.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 11.2.1.9. HEIGHT OF BUILDING Maximum: 11 metres 11.2.1.10. NUMBER OF DWELLING UNITS PER BUILDING Maximum: 6 11.2.1.11. MINIMUM AMENITY AREA For each dwelling unit in a multiple attached dwelling, amenity area for the private and communal recreational needs of the residents shall be provided as follows: bachelor unit: 15 square metres 1 bedroom unit: 20 square metres 2 bedroom unit: 55 square metres 3 bedroom unit: 90 square metres 4 bedroom unit: 110 square metres The required amenity area includes privacy yards, landscaped outdoor communal areas and children’s outdoor play areas. 11.2.1.12. PRIVACY YARDS Each dwelling unit in a multiple attached dwelling shall be provided with an unobstructed privacy yard, clear of any walkway, buildings, communal amenity areas, or surface parking, to be used as a private outdoor amenity area for the occupants of the dwelling unit, as follows: Location: At the rear of the dwelling unit and extending across the entire width of the dwelling unit; Depth (minimum): 6 metres from the wall of the dwelling unit, measured perpendicularly from the exterior wall of the dwelling unit; Privacy: The privacy yard shall be bordered by a wall or wood fence of not less than 2 metres in height and projecting a minimum of 3 metres from the exterior wall of the dwelling unit; 79 11.2.1.13. CHILDREN’S OUTDOOR PLAY AREA Where there are four or more multiple attached dwelling units located on a site, a children’s outdoor play area shall be provided with the minimum size of the play area to be determined as follows: 2 bedroom unit: 1.4 square metres 3 bedroom unit: 1.9 square metres 4 bedroom unit: 2.3 square metres In no case shall the play area have an area less than 50 square metres; the play areas shall have unobstructed access from the dwelling and shall not be located in a front yard or privacy yard or closer than 5 metres to any door or window to a dwelling unit. 11.2.1.14. MORE THAN ONE MULTIPLE ATTACHED DWELLING ON A LOT More than one multiple attached dwelling unit may be established on a lot subject to the following: 11.2.1.13.1 front, rear and side yards shall be provided for the development as a whole; 11.2.1.13.2. Building Separation -Between the front/rear wall of one building and the front/rear wall of another building, the minimum building separation shall be 15 metres; -Between the front/rear wall of one building and the end wall of another building (where such end wall contains no habitable room window), the minimum building separation shall be 10 metres; -Between the end wall of one building and the end wall of another building (where such end walls contain no habitable room window), the minimum building separation shall be 3 metres; -Note: Where an end wall contains one or more habitable room windows, such end wall shall be considered a front/rear wall for the purpose of the building separation requirements. 11.2.1.15. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 11.2.1.16. SECONDARY UNITS The provisions as set out in Section 7.2.2.1. shall apply. 11.2.2. DWELLING, APARTMENT 11.2.2.1. LOT FRONTAGE Minimum: 30 metres 11.2.2.2. LOT AREA Minimum: 743 square metres 11.2.2.3. LOT COVERAGE Maximum: 40 percent 11.2.2.4. FRONT YARD Minimum: 7.5 metres 11.2.2.5. REAR YARD Minimum: 10.7 metres 11.2.2.6. INTERIOR SIDE YARD Minimum: 6 metres provided that an interior side yard adjoining an end wall containing no habitable room windows may be reduced to 3 metres except that if the interior side lot line adjoins an R1, R2 or R3 zone, then this reduction shall not apply. 11.2.2.7. EXTERIOR SIDE YARD Minimum: 7.5 metres 11.2.2.8. LANDSCAPED OPEN SPACE Minimum: 35 percent 11.2.2.9. HEIGHT OF BUILDING Maximum: 13.7 metres or 4 storeys when abutting lands zoned R1, R2 or R3 OR 17.1 metres or 5 storeys when abutting lands not zoned R1, R2 or R3. 11.2.2.10. MINIMUM AMENITY AREA For each dwelling unit in an apartment dwelling, amenity area for the private and communal recreational needs of the residents shall be provided as follows: bachelor unit: 15 square metres 1 bedroom unit: 20 square metres 2 bedroom unit: 55 square metres 80 3 bedroom unit: 90 square metres 4 bedroom unit: 100 square metres The required amenity area may include patios, landscaped outdoor communal areas, balconies, children’s outdoor play areas and indoor communal lounges. 11.2.2.11. PRIVACY YARDS Each basement or ground floor dwelling unit in an apartment dwelling shall be provided with an unobstructed privacy yard, clear of any walkway, buildings, communal amenity areas, or surface parking, as follows: Location: Adjacent to any wall containing a habitable room window unless the window sill is a minimum of 2 metres above grade; Depth (minimum): 6 metres measured perpendicularly from the exterior wall of the dwelling 11.2.2.12. CHILDREN’S OUTDOOR PLAY AREA The provisions of Section 10.2.4.13. shall apply. 11.2.2.13. MORE THAN ONE APARTMENT DWELLING ON A LOT The provisions of Section10.2.4.14. shall apply. 11.2.2.14. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 11.2.3. NURSING HOME, HOME FOR THE AGED, REST HOME, RETIREMENT RESIDENCE 11.2.3.1. LOT FRONTAGE Minimum: 30 metres 11.2.3.2. LOT AREA Minimum: 550 square metres for the first 5 units and 75 square metres for each unit above 5 11.2.3.3. LOT COVERAGE Maximum: 40 percent 11.2.3.4. FRONT YARD Minimum: 7.5 metres 11.2.3.5. REAR YARD Minimum : 10 metres 11.2.3.6. INTERIOR SIDE YARD Minimum: 3 metres 11.2.3.7. EXTERIOR SIDE YARD Minimum: 7.5 metres 11.2.3.8. LANDSCAPED OPEN SPACE Minimum: 30 percent 11.2.3.9. AMENITY AREA Minimum: 8 square metres per unit 11.2.3.10. HEIGHT OF BUILDING Maximum: 13.7 metres or 4 storeys 11.2.3.11. MORE THAN ONE MAIN BUILDING ON A LOT The provisions of Section 10.2.4.14. shall apply. 11.2.3.12. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 11.3. SPECIAL R5 ZONES 11.3.1. R5-1 (Formerly R3-1): (Key Map 6) Notwithstanding the provisions of Section 9 hereof to the contrary, the lands zoned R5-1 on lot 64 and part lot 63, R.P. 457, Town of Goderich, may be used for a senior citizens housing complex in accordance with the following site standards: Parking: A minimum of 30 spaces shall be provided on site. Parking is permitted only to the rear of the building. 11.3.2. R5-2 (Formerly R3-2): (Key Map 13) 81 Notwithstanding the provisions of Section 10 hereof to the contrary, the lands zoned R5-2 on Block “B”, R.P. No. 498, Town of Goderich, may be used for two 18 unit apartment buildings, provided the parking is located in the rear yard. 11.3.3. R5-3 (Formerly R3-3): (Key Map 8) Notwithstanding the provisions of Section 10.1. to the contrary, the area zoned R5-3 may also be used for a commercial recreational facility which shall be limited to a physical fitness studio for fitness classes, calisthenics, and accessory uses. The maximum gross floor area of the fitness studio shall be 120 square metres. Section 6.16. (Planting Strip Requirements) shall not apply, provided that any future change in use shall comply with Section 6.16. Notwithstanding the provisions of Section 6.13. to the contrary, for the area zoned R5-3, parking shall be provided as follows: 10 spaces plus 1 space per employee of the existing non-conforming manufacturing use. The maximum gross floor area of the existing non-conforming recreational use (east end gym) shall be 200 square metres. All other applicable provisions shall apply. 11.3.4. R5-4 (Formerly R3-17): (Key Map 17) Notwithstanding any provision of this By-law to the contrary, the area zoned R5-4 shall permit a retirement residence containing a maximum of 139 retirement dwelling units which will be built in two (2) phases. The two buildings are proposed to be connected by a four-storey link. The area zoned R54 shall also permit accessory buildings, structures and uses. The provisions of Section 11.2.2 (Apartment Dwelling) shall apply with the following exceptions: Interior Side (minimum) 3 metres Rear Yard (minimum) 6 metres Outdoor Children’s Play Area not required Amenity Area (minimum) 30 square metres per unit Parking Spaces Minimum 1 parking space for every 3 units Parking may be located in any yard provided no part of any parking area, other than a driveway, is located within 1 metre of any lot line. All other applicable provisions of the By-law, as amended, shall apply. 11.3.5. R5-5 (formerly R3-16): (Key Map 3) Notwithstanding the provisions of Section 11.2.2 of this By-law to the contrary, on the lands zoned R55, the setbacks of the existing building are deemed to comply, the unattached outdoor children’s play area may be located within o metres of a window/door of the on-site building only, and the provision requiring privacy yards for ground floor units shall not apply. Notwithstanding the provisions of Section 6.13 of this By-law to the contrary, on the lands zoned R5-5, a minimum of 8 parking spaces shall be provided and the parking area location is permitted in the front yard. All other applicable provisions of this By-law, as amended, shall apply. 11.3.6. R5-6 (Not assigned) 11.3.7. R5-7 (Formerly R3-7): (Key Map 8) Notwithstanding the provisions of Section 11.2. to the contrary, the lands zoned R5-7 may be used for a six unit apartment building, subject to the following site standards: Front Yard Minimum: 8 metres Rear Yard Minimum: 7.5 metres Interior Side Yard Minimum: 1 metre Exterior Side Yard Minimum: 14 metres 82 Parking: a minimum of 9 spaces shall be provided on-site. The parking area is required to be buffered by landscaping. 11.3.8. R5-8 (Formerly R3-8): (Key Map 13) Notwithstanding the provisions of Section 11.2.2.3 and 11.2.2.10 to the contrary, for the area zoned R5-8, the maximum density shall be ninety-eight units per hectare (forty units per acre) and the maximum building height shall be six storeys, not-withstanding that for a building height of five storeys or fewer, the maximum density shall be seventy-four units per hectare (thirty units per acre). All other applicable provisions shall apply. 11.3.9. R5-9 (Formerly R3-9): (Key Map 6) Notwithstanding any provision of this By-law to the contrary, the area zoned R5-9 shall only be used for an apartment building containing a maximum of 10 dwelling units. The existing building shall not be expanded, except for incidental buildings/structures such as overhangs or entrances, and except for an increase in height to a maximum building height of 13.7 metres. The provisions of Section 11.2.2.12 through 11.2.2.14 shall not apply. A minimum of 10 parking spaces shall be provided in the rear yard and the exterior side yard. All other applicable provisions of this By-law, as amended, shall apply. 11.3.10. R5-10 (Formerly R3-14): (Kay Map 13) Notwithstanding any provision of this By-law, as amended, to the contrary, the area zoned R5-10 shall be limited to the following uses: - the existing retirement residence containing 68 beds/units; - an additional 30 apartment units; and - accessory buildings, structures and uses. The provisions of Section 11.2.2 shall apply, with the following exceptions: Density (maximum) not exceeding the permitted units as stated above; Rear Yard (east side) (minimum) 5.6 metres Height of Building (maximum) 4 storeys Children’s Outdoor Play Area Not Required Number of Parking Spaces (minimum) 50 Parking Space Size (minimum) 5 metres by 2.7 metres Parking Aisle Width (minimum) 6 metres Parking Location – Parking may be located in any yard provided no part of any parking area, other than a driveway, is located closer than 1 metre to any lot line. All other applicable provisions of this by-law, as amended, shall apply. 11.3.11 R5-11 (Formerly R3-11): (Key Map 13) Notwithstanding the provisions of Section 11.1 (Uses Permitted) to the contrary, the area zoned R5-11 may also be used for multiple attached dwellings and apartment dwellings which may contain a minimum of 3 dwelling units per building; and accessory buildings and structures. The provisions of Section 11.2.1 (Multiple Attached Dwellings) and Section 11.2.2 (Apartment Dwellings) shall apply with the following exceptions: - Section 11.2.1.1. (lot frontage for each dwelling unit) shall not apply; Rear yard (minimum): 10 metres; Interior Side Yard (minimum): 8 metres; - Section 11.2.1.13.(privacy yards for multiple attached dwellings) shall not apply to the front of the dwelling units; and the wall or wood fence bordering the rear privacy yard may be provided on one side only; - Section 11.2.2.11.(privacy yards for apartment dwellings) shall apply adjacent to the rear wall only; - Building Separation (minimum): 6 metres between where one or both facing exterior walls contain a habitable room window; Parking areas may be located in the interior side and rear yards and between buildings, but parking areas shall not be located in the front yard. 83 All other applicable provisions shall apply. 11.3.12. R5-12 (Formerly R3-13): (Key Map 6) Notwithstanding any provision of this by-law to the contrary, the area zoned R5-12 may be used for the permitted uses based on the site standards established by the lot, building and parking area existing on the date of passing of this amending by-law. All uses shall provide the number of parking spaces required under Section 6.13. Any changes to the site standards shall comply with all applicable provisions of this by-law. All other applicable provisions shall apply. 11.3.13. R5-13 (Formerly R3-5): (Key Map 17) Notwithstanding any provision of this By-law to the contrary, the area zoned R5-13 on Part Lot 12, Concession C, Town of Goderich shall be limited to 3 multiple attached dwellings containing not more than 24 dwelling units. Each dwelling unit may be located on an individually titled lot subject to the following additional requirements. - Lot Frontage (minimum) 4.6 metres - Lot Area (minimum) 110 square metres - Lot Coverage (maximum) 40% - Front Yard (minimum) 7.5 metres - Rear Yard (minimum) 5.5 metres - Interior Side Yard (minimum) For Interior Units 0 metres For End Units 1 metre - Landscaped Open Space (minimum) For lots containing a dwelling unit 30% For the lot containing the parking area 10% - Section 9.2.2.13 Privacy Yards shall not apply. - Parking shall not be located in a front yard. Parking shall be located to the rear of the individually titled dwelling units on property owned in common by the owners of the dwelling units. - Accessory buildings and structures may be permitted to the rear of the individually titled dwelling units on property owned in common by the owners of the dwelling units. All other provisions of this By-law, as amended, shall apply. 11.3.14. R5-14 (Formerly R2-13): (Key Map 18) Notwithstanding Section 10.1 of this By-law to the contrary, the area zoned R5-14 shall permit a total of thirty-nine units within ten multiple-attached dwellings which contain a minimum of 2 dwelling units per building. The provisions of Section 10.2.4 (Multiple Attached Dwelling) shall apply with the following exceptions: - Section 10.2.4.1 (lot frontage for each dwelling unit) shall not apply; - Rear Yard minimum (Section 10.2.4.5) shall be reduced from 10.7 metres to 7.5 metres; - Section 10.2.4.13 (Requirement for Children’s Outdoor Play Area) shall not apply; - Accessory buildings and structures (Section 6.9) are prohibited; - Section 6.23 (Lots to Front on a Public Road) shall not apply as the units are provided access to a public road via a privately-owned, internal road; - Visitor parking space requirements (Section 6.13.1) shall be reduced from 20 to 15 spaces; - Section 6.13.10 (Parking Areas Location on Lot) shall not apply, and; - The whole of the lands zoned R4-2 shall be a lot for the purposes of this By-law. All other applicable provisions of this By-law, as amended shall apply. 84 SECTION 12. RESTRICTED HIGHWAY COMMERCIAL (C2) ZONE 12.1. USES PERMITTED No person shall within any C2 zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - a boat, motorcycle, motor home, snow-mobile and travel trailer establishment; - a bus depot; - a commercial recreation facility; - a convenience store; - a clinic; - an existing dwelling, subject to the provisions of section 7.2.1. - a motel; - a motor vehicle dealership or leasing establishment; - a motor vehicle repair establishment; - a motor vehicle sales establishment; - a parking lot; - a personal service shop; - a produce sales outlet; - a service shop; - an undertaking establishment. 12.2. ZONE PROVISIONS No person shall within any C2 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 12.2.1. NON - RESIDENTIAL USES EXCLUDING A MOTEL/HOTEL 12.2.1.1. LOT FRONTAGE Minimum: 20 metres 12.2.1.2. LOT AREA Minimum: 800 square metres 12.2.1.3. LOT DEPTH Minimum: 40 metres 12.2.1.4. LOT COVERAGE Maximum: 40 percent 12.2.1.5. FRONT YARD Minimum: 9 metres 12.2.1.6. REAR YARD Minimum: 6 metres 12.2.1.7. INTERIOR SIDE YARD Minimum: 3 metres provided that where the interior side lot line abuts a residential zone or an (-h) residential zone, the minimum interior side yard shall be: 7.5 metres 12.2.1.8. EXTERIOR SIDE YARD Minimum: 9 metres 12.2.1.9. LANDSCAPED OPEN SPACE Minimum: 10 percent 12.2.1.10. HEIGHT OF BUILDING Maximum: 11 metres 12.2.1.11. OUTDOOR STORAGE The outdoor storage of goods or materials shall be permitted only to the rear of the main building provided that: 12.2.1.11.1. such outdoor storage is accessory to the use of the main building on the lot; 12.2.1.11.2. such outdoor storage complies with the yard and setback requirements of this zone; 12.2.1.11.3. such outdoor storage does not cover more than thirty-five percent (35%) of the lot area nor exceed twice the ground floor area of the main building on the lot; 12.2.1.11.4. any portion of the area used for outdoor storage, where it does not adjoin the outside wall of a building is completely concealed from view from the street by a fence, planting strip or decorative masonry wall or a combination thereof; 12.2.1.11.5. the screening described in the foregoing section shall be a minimum 1.8 metres in height above ground level and kept in a neat and attractive manner. 85 12.2.1.12. OUTDOOR DISPLAY AREAS An outdoor display area shall be permitted to the front of the main building provided: 12.2.1.12.1. such outdoor display area is for merchandise kept for sale on the premises; 12.2.1.12.2. such outdoor display area complies with the yard and setback requirements of this zone, except that the outdoor display area may be located in the front yard and exterior side yard provided such outdoor display area is no closer than 5 metres to any street line; 12.2.1.12.3. such outdoor display area does not cover more than thirty-five percent (35%) of the lot area nor exceed twice the ground floor area of the main building on the lot; 12.2.1.12.4. such outdoor display area is kept in a neat and attractive manner. 12.2.1.13. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 12.2.2. MOTEL 12.2.2.1. FRONTAGE Minimum: 25 metres 12.2.2.2 LOT AREA Minimum: 1000 square metres provided that an additional 160 square metres of lot area shall be provided for each guest room in excess of 6 guest rooms. 12.2.2.3. LOT DEPTH Minimum: 40 metres 12.2.2.4. LOT COVERAGE Maximum: 40 percent 12.2.2.5. FRONT YARD Minimum: 10 metres 12.2.2.6. REAR YARD Minimum: 8 metres 12.2.2.7 INTERIOR SIDE YARD Minimum: 6 metres 12.2.2.8. EXTERIOR SIDE YARD Minimum: 10 metres 12.2.2.9. LANDSCAPED OPEN SPACE Minimum: 30 percent 12.2.2.10. HEIGHT OF BUILDING Maximum: 11 metres 12.2.2.11. DISTANCE BETWEEN BUILDINGS Where more than one building is erected on the same lot or building site, the minimum distance between buildings shall not be less than 15 metres, provided that where two external walls facing and parallel to each other contain no opening or windows to habitable rooms, the distance between such two walls may be reduced to 3 metres. For the purpose of the foregoing, such external walls having an angle of divergence of not more than 85 degrees shall be deemed to face and be parallel to each other. In the above paragraph, angle of divergence means the interior acute angle formed by the line between two such walls or their projection. 12.2.2.12. COURTS Where a building erected on a lot is built around a court, the distance between the opposite walls of the building forming the court shall be not less than 20 metres. 12.2.2.13. EXTERIOR WALL Where the exterior wall of a guest room contains a habitable room window, such wall shall not be located closer than 8 metres to an interior side or rear lot line. 12.2.2.14. GUEST ROOM AREA Minimum: 18.5 square metres 12.2.2.15. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 12.3. SPECIAL C2 ZONES 86 12.3.1. C2-1: (Key Map 13) Notwithstanding the provisions of Section 12 hereof to the contrary, the lands zoned C2-1 on part of lot 8, Concession “C”, Town of Goderich, shall be used for the following permitted uses: - a motel; - a clinic; - a real estate office; - a private club; - a fraternal lodge or association; - a health club; - a commercial recreational facility; - a parking lot; - a public building. - a heating and cooling business - and/or not more than two dwelling units (a dwelling unit shall not constitute a unit or use for the purpose of section 11.1.1.). 12.3.2. For the purposes of the C2-1 zone, “heating and cooling business” shall be defined as: a business that supplies, sells, installs and services electrical, plumbing, heating and cooling systems, including but not limited to fireplaces, air conditioning units, hot tubs, in-floor or geo-thermal heating systems and barbecues. All other applicable provisions of this By-law as amended, shall apply. 12.3.3. C2-2: (Key Map 14) Notwithstanding the provisions of Section 12 of this By-law to the contrary, the area zoned C2-2 may also be used for an electrical contracting business which includes an office and showroom, and may include a service/repair shop. In the area zoned C2-2, the requirements of Section 12.2.1.9 (Landscaped Open Space) shall not apply. All other applicable provisions of this By-law as amended, shall apply. 87 SECTION 13 HIGHWAY COMMERCIAL (C3) ZONE 13.1. USES PERMITTED - assembly hall; - boat, motorcycle, motor home, snowmobile, or travel trailer sales establishment; - brewers retail outlet or beer store; - bus depot; - building supply establishment; - clinic; - commercial recreational facility; - convenience store; - dry cleaning establishment; - eating establishment, restaurant; - eating establishment, take-out restaurant; - eating establishment, portable food establishment or mobile canteen; - equipment sales and rental facility; - existing dwelling, subject to the provisions of Section 7.2.1; - farm implement or supply establishment; - farm produce sales outlet; - gasoline bar; - hotel; - kennel; - landscaping and garden supply establishment; - liquor store; - motor vehicle dealership or leasing establishment; - motor vehicle repair establishment; - motor vehicle service station; - motor vehicle sales establishment; - motor vehicle washing establishment; - public park in accordance with the provisions of Section 25 hereof; - parking lot; - retail store greater than 925 square metres; - service shop; - tire sales and service establishment; - undertaking establishment; - veterinarian’s clinic’ - accessory uses in accordance with the provisions of Section 6.9. 13.1.1. Notwithstanding the foregoing list of permitted uses, C3 lands shall not contain more than two units or uses per parcel of land to be developed. (a unit or use is defined as a separate tenant or business which is operated independently from another tenant or business on the same parcel; a unit or use may contain one or more "permitted uses" provided such grouping of uses is operated together as a single business or tenant; a parcel of land to be developed is defined as one or more lots which are used or intended to be used as a single development.) 13.2. ZONE PROVISIONS No person shall within any C3 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 88 13.2.1. NON - RESIDENTIAL USES EXCLUDING AUTOMOBILE SERVICE STATION, GAS BAR, CAR WASH, HOTEL 13.2.1.1. LOT FRONTAGE Minimum: 55 metres 13.2.1.2. LOT AREA Minimum: 3600 square metres 13.2.1.3. LOT DEPTH Minimum: 45 metres 13.2.1.4. LOT COVERAGE Maximum: 40 percent 13.2.1.5. FRONT YARD Minimum: 7.5 metres 13.2.1.6. REAR YARD Minimum: 8 metres 13.2.1.7. INTERIOR SIDE YARD Minimum: 3 metres provided that where the interior side lot line abuts a residential zone or an (-h) residential zone, the minimum interior side yard shall be: 7.5 metres 13.2.1.8. EXTERIOR SIDE YARD Minimum: 7.5 metres 13.2.1.9. LANDSCAPED OPEN SPACE Minimum: 20 percent 13.2.1.10. HEIGHT OF BUILDING Maximum: 11 metres 13.2.1.11. OUTDOOR STORAGE The outdoor storage of goods or materials shall be permitted only to the rear of the main building provided that: 13.2.1.11.1. such outdoor storage is accessory to the use of the main building on the lot; 13.2.1.11.2. such outdoor storage complies with the yard and setback requirements of this zone; 13.2.1.11.3. such outdoor storage does not cover more than thirty-five percent (35%) of the lot area nor exceed twice the ground floor area of the main building on the lot; 13.2.1.11.4. any portion of the area used for outdoor storage, where it does not adjoin the outside wall of a building is completely concealed from view from the street by a fence, planting strip or decorative masonry wall or a combination thereof; 13.2.1.11.5.the screening described in the foregoing section shall be a minimum 1.8 metres in height above ground level and kept in a neat and attractive manner 13.2.1.12. OUTDOOR DISPLAY AREAS An outdoor display area shall be permitted to the front of the main building provided: 13.2.1.12.1. such outdoor display area is for merchandise kept for sale on the premises; 13.2.1.12.2. such outdoor display area complies with the yard and setback requirements of this zone, except that the outdoor display area may be located in the front yard and exterior side yard provided such outdoor display area is no closer than 5 metres to any street line; 13.2.1.12.3. such outdoor display area is kept in a neat and attractive manner. 13.2.1.13.PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 13.2.2. AUTOMOBILE SERVICE STATION, GAS BAR, CAR WASH 13.2.2.1. 13.2.2.2. 13.2.2.3. 13.2.2.4. 13.2.2.5. 1432.2.6. 13.2.2.7. 13.2.2.8. 13.2.2.9. 13.2.2.10. 13.2.2.11. LOT FRONTAGE Minimum: 35 metres LOT AREA Minimum: 1575 square metres LOT DEPTH Minimum: 45 metres LOT COVERAGE Maximum: 30 percent FRONT YARD Minimum: 12 metres REAR YARD Minimum: 10 metres INTERIOR SIDE YARD Minimum: 6 metres provided that where the interior side lot line abuts a residential use, a motel or hotel, or a residential zone or an (-h) residential zone, the minimum interior side yard shall be 10 metres EXTERIOR SIDE YARD Minimum 12 metres LANDSCAPED OPEN SPACE Minimum: 10 percent HEIGHT OF BUILDING Maximum: 11 metres PUMP LOCATION 89 Notwithstanding any other provisions of this By-law to the contrary, a pump island may be located within any front or exterior side yard provided: 13.2.2.11.1. the minimum distance between any portion of the pump island and any lot line shall be 5 metres; and 13.2.2.11.2. where the lot is a corner lot, no portion of any pump island shall be located closer than 3 metres to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being distant 12 metres from the intersection of such lines. 13.2.2.12. DRIVEWAYS Notwithstanding the provisions of subsection 6.13.13.5. of this By-law, the following provisions shall apply to driveways: 13.2.2.12.1. the maximum width of a driveway measured along the sidewalk, where such exists, and along the street line shall be: 10 metres 13.2.2.12.2. the minimum distance between driveways measured along the street line intersected by such driveways shall be: 7.5 metres 13.2.2.12.3. the minimum distance between a driveway and an intersection of street lines, measured along the street line intersection by such driveway shall be: 6 metres 13.2.2.12.4. the minimum distance between an interior side lot line and any driveway shall be: 3 metres 13.2.2.12.5. the interior angle formed between the street line and the centreline of any driveway shall be not less than: 60 degrees 13.2.2.13. CAR WASH STACKING LANES Every car wash shall be provided with a minimum of three vehicle waiting spaces measuring 2.5 metres in width and 6 metres in length for each washing bay or five vehicle waiting spaces for an automatic car wash. 13.2.2.14 ESTABLISHMENTS with DRIVE-THROUGHS Every establishment with a drive-through shall provide a stacking land with adequate numbers of spaces to facilitate traffic movement. Drive through lanes shall comply with the following: no part of any drive through lane may be located within a parking aisle drive through lanes must not obstruct parking spaces and cannot affect on-site circulation; drive through lanes must have a minimum storage capacity of: o 10 parking spaces for eating establishments o 5 parking spaces for all other types of establishments. 13.2.2.15. PARKING, ACCESSORY BUILDINGS, In accordance with Section 6 hereof. 13.2.3. 13.2.3.1 13.2.3.2. 13.2.3.3 13.2.3.4. 13.2.3.5. 13.2.3.6. 13.2.3.7 HOTEL LOT FRONTAGE Minimum: LOT AREA Minimum: LOT DEPTH Minimum: LOT COVERAGE Maximum: FRONT YARD Minimum: REAR YARD Minimum: INTERIOR SIDE YARD Minimum: PLANTING STRIPS, ETC. 54 metres 2700 square metres 45 metres 40 percent 7.5 metres 8 metres 3 metres Provided that where the interior side lot line abuts a resident zone or an (-h) residential zone, the minimum interior side yard shall be 7.5 metres 13.2.3.8 13.2.3.9 13.2.3.10 13.2.3.11 EXTERIOR SIDE YARD Minimum: 7.5 metres LANDSCAPED OPEN SPACE Minimum: 30 percent HEIGHT OF BUILDING Maximum: 11 metres PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. 90 In accordance with Section 6 hereof. 13.2.3.11.1 Notwithstanding Section 6.13.10 to the contrary, parking for a hotel in a C3 zone is permitted only in rear and interior side yards. 13.3. 13.3.1. SPECIAL C3 ZONES C3-1 (Not assigned) 13.3.2. C3-2: (Key Map 17) Notwithstanding any provision of this By-law to the contrary, the area zoned C3-2 may also be used for a department store not exceeding 750 square metres total floor area. The minimum landscaped open space shall be 10%. All other provisions of this By-law, as amended, shall apply. 13.3.3. C3-3: (Key Map 14) Notwithstanding any provision of this By-law to the contrary, the area zoned C3-3 may also be used for an office supply and service establishment, including the retailing, warehousing and servicing of supplies, furniture and equipment related to office uses; and including a printing establishment. The office supply and service establishment shall contain a minimum total floor area of 600 square metres and shall not exceed a maximum total floor area of 1000 square metres. All other provisions of this By-law, as amended, shall apply. 13.3.4. C3-4: (Key Map 14) Notwithstanding any provision of this By-law to the contrary, the area zoned C3-4 may also be used for a catalogue/department store and display area, and including a party supply store. The catalogue/department store shall contain a minimum total floor area of 400 square metres and shall not exceed a maximum total floor area of 600 square metres. All other provisions of this By-law, as amended, shall apply. 13.3.5. C3-5: (Not assigned) 13.3.6. C3-6: (Key map 14) Notwithstanding the provisions of Section 13 hereof to the contrary, the lands zoned C3-6 on lot 1319, R.P. 458, Town of Goderich, may be used for a fishing supply store and accessory uses. All other provisions of this By-law shall apply. 13.3.7. C3-7: (Key Map 7) Notwithstanding the provisions of Section 13 to the contrary, the area zoned C3-7 shall be limited to the following uses: - an eating establishment which shall not exceed 40 seats; a terrace, patio, or other open area for the outdoor consumption of food or refreshments shall not be permitted; - an eating establishment, take-out; - one accessory dwelling unit; - uses accessory to the permitted uses. The site standards of the C3 zone apply with the following exceptions: FRONT YARD Minimum: 7.0 metres REAR YARD Minimum: 12 metres EXTERIOR SIDE YARD Minimum: 2.0 metres Parking: In accordance with the provisions of Section 6.13 with the following exceptions: The parking area shall be located in the rear yard. The parking area shall have an asphalt surface. The parking area shall be located no closer than 4 metres to the lot line abutting the R2-4 zone. 91 All other applicable provisions shall apply. 13.3.8. C3-8: (Key Map 19) Notwithstanding the provisions of section 13.1 hereof to the contrary, the lands zoned C3-8 may be used for a retail furniture store only. All other applicable provisions of this By-law shall apply. 13.3.9. C3-9: (Not assigned) 13.3.10. C3-10: (Key Map 17) Notwithstanding the provisions of this by-law to the contrary, the area zoned C3-10 shall be limited to a retail building supply establishment not including the outdoor storage of lumber or other materials; an indoor sign-making establishment; a service shop; an antique shop; a clinic; one dwelling unit; a home occupation; and accessory uses. All permitted uses shall be conducted inside the building and outdoor storage is prohibited. The area zoned C3-10 shall be subject to the following site standards: Front Yard (minimum): 25 metres Interior Side Yard (minimum): 3 metres Exterior Side Yard (minimum): 0.8 metres Rear Yard (minimum): 17 metres Width of Internal Driveway (maximum): 6 metres Width of Landscaped Buffer in Exterior Side Yard (minimum): 2 metres Number of Parking Spaces in Front Yard (maximum): 5 spaces Subject to the site standards stated above, accessory buildings and structures may be established subject to the provisions of section 6.9. All other applicable provisions shall apply. 13.3.11. C3-11: (Key Map 14) Notwithstanding the provisions of Section 13 to the contrary, the area zoned C3-11 may also be used for a motel in accordance with the following provisions: Number of Units (maximum) Front Yard (minimum) Interior Side Yard (minimum) Landscaped Open Space (minimum) Distance Between Buildings (minimum) Number of Parking Spaces (minimum) All other applicable provisions shall apply. 50 6 metres 3 metres, whether or not the wall contains a window to a habitable room 15% 6 metres 50 13.3.12. C3-12: (Key Map 18) Notwithstanding Section 13.1 of this By-law to the contrary, the area zoned C3-12 may be used for a salt distribution warehouse in addition to the permitted C3 uses. A farm implement and supply establishment may include work clothing and footwear as an accessory use. All other applicable provisions shall apply. 13.3.13. C3-13: (Key Map 19) Notwithstanding Section 13.2.1.12 of this By-law to the contrary, in the area zoned C3-13, the maximum lot coverage for outdoor display area for a motor sales establishment shall be 35%. All other applicable provisions apply. 13.3.14. C3-14: (Key Map 13) Notwithstanding the provisions of Section 6.13.10 to the contrary, within the area zoned C3-14, parking is permitted in the front and exterior side yards. All other applicable provisions shall apply. 92 13.3.15. C3-15 (Not assigned) 13.3.16. C3-16: (Not assigned) 13.3.17. C3-17: (Key Map 18) 13.3.17.1. Notwithstanding the provisions of Section 13.1 to the contrary, the area zoned C3-17 may include a retail store. The retail store shall contain a minimum floor area of 1,600 square metres. Notwithstanding the provisions of Section 13.2.1.7 to the contrary, the area zoned C3-17 will have a minimum interior side yard of 3.3 metres where the interior side lot line abuts a residential zone or a (h) residential zone. 13.3.17.2. Notwithstanding the provisions of Section 6.13.10 to the contrary, in the area zoned C3-17, parking is permitted in all yards, subject to the following setbacks: - from any street line, a minimum of 5 metres. - from any lot line, a minimum of 1 metre. 13.3.17.3 All other applicable provisions of the By-law, as amended, shall apply. 13.3.18. C3-18: (Key Map 18) 13.3.18.1. Notwithstanding the provisions of Section 13.1 to the contrary, the area zoned C3-18 may include a retail store. The retail store shall contain a minimum floor area of 1,500 square metres. 13.3.18.2. Notwithstanding the provisions of Section 6.13.10 to the contrary, in the area zoned C3-18, parking is permitted in all yards, subject to the following setbacks: - from any street line, a minimum of 5 metres - from any lot line, a minimum of 1 metre. 13.3.18.3. All other applicable provisions of this By-law, as amended, shall apply. 13.3.19. C3-19: (Key Map 18) 13.3.19.1. Notwithstanding the provisions of Section 13.1.1 to the contrary, for the area zoned C3-19, a maximum of 4 units or uses shall be permitted. 13.3.19.2 Notwithstanding Section 13.1 to the contrary, within the area zoned C3-19, a furniture store, communications facility, and industrial supply establishment may be permitted. For the purposes of this amendment, a furniture store includes both a retail and wholesale component. 13.3.19.3. All other applicable provisions of this By-law, as amended, shall apply. 13.3.20. C3-20: (Key Map 14) Notwithstanding Sections 13.1 and the definition of a SERVICE AND REPAIR SHOP as contained within this By-law to the contrary, the area zoned C3-20 shall permit accessory retail sales within a display area no more than 25% of the total square footage of the building. All other applicable provisions of this By-law, as amended, shall apply. 13.3.21. C3-21 (Not Assigned) 13.3.22. C3-22: (Key Map 3) Notwithstanding Section 13.1 of this By-law to the contrary, in the area zoned C3-22, an office shall be a permitted use, provided that this use shall only apply to the ground floor of any building located on the property. All other applicable provisions of this By-law, as amended, shall apply. 13.3.23. C3-23: (Key Map 17) Notwithstanding the provisions of Section 13 of this By-law to the contrary, in the area zoned C3-23 the minimum lot area shall be 5753 square metres and the maximum height shall be 13.6 metres. All other applicable provisions of this By-law, as amended, shall apply. 13.3.24. C3-24: (Key Map 8) Notwithstanding the provisions of Section 13 of this By-law to the contrary, in the area zoned C3-24, the following shall apply: Rear Yard Setback: 3 metres 93 Parking Area Setback abutting a residential use: 1.2 metres Parking Area Setback along a streeline (angled section between Victoria Street S and Elgin Street): 1 metre; and, Parking Area Setback along a streetline (Victoria Street S): 1.5 metres. All other applicable provisions of this By-law, as amended, shall apply. 13.3.25. C3-25: (Key Map 18) Notwithstanding the provisions of Section 13 of this By-law to the contrary, the area zoned C3-15 may be used for one accessory dwelling unit within the second storey of a commercial building. 94 SECTION 14. CORE AREA COMMERCIAL (C4) ZONE 14.1. USES PERMITTED No person shall within any C4 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - antique sales facility; - art gallery; - artist, dance or photographic studio; - artisans workshop & retail establishment; - assembly hall which is carried on entirely within a wholly enclosed building; - bakeshop; - brewing establishment; - brewers retail outlet or beer store; - bus depot; - business or professional office; - candy shop; - clinic; - commercial school; - community centre; - department store; - dressmaking or tailor shop; - dry cleaning establishment; - eating establishment; - eating establishment, take-out; - existing dwelling, subject to the provisions of section 7.2.1. - financial office or institution; - fraternal lodge or association; - grocery store; - hotel; - laundromat; - liquor store - mobile canteen; - nightclub, tavern, or public house (pub); - parking lot; - personal service shop; - pharmacy - place of entertainment; - police facility; - printing establishment; - private club; - public park in accordance with Section 25 hereof.- public building; - recreation facility; - refreshment stand; - retail store except those dealing with heavy machinery, fuels, factory equipment, building supplies, new or used automobiles, boats, trailers, motorcycles or snowmobiles; - service and repair shop; - taxi stand; - theatre; - undertaking establishment; - video rental establishment - accessory uses in accordance with the provisions of Section 6.19. 95 14.2. ZONE PROVISIONS No person shall within any C4 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 14.2.1. NON-RESIDENTIAL USES 14.2.1.1. 14.2.1.2. 14.2.1.3. 14.2.1.4. LOT FRONTAGE Minimum: no minimum LOT AREA Minimum: no minimum LOT COVERAGE Maximum: no maximum FRONT YARD Minimum: no minimum Maximum 0.5 metres 14.2.1.5. REAR YARD Minimum Interior lots 8 metres Minimum Corner lots: no minimum 14.2.1.6. INTERIOR SIDE YARD Minimum: no minimum except where the interior lot line of a C4 use abuts a residential zone or an (-h) residential zone, the minimum interior side yard shall be: 3 metres 14.2.1.7. EXTERIOR SIDE YARD Minimum: no minimum Maximum: 0.5 metres 14.2.1.8. LANDSCAPED OPEN SPACE Minimum: no minimum 14.2.1.9. HEIGHT OF MAIN BUILDING Minimum: 7.6 metres which shall include two storeys Maximum: 12 metres which shall include three storeys Note: See section 3.D.5 of the Town of Goderich Official Plan for more information on maximum Height. 14.2.1.10. SETBACKFROM A LANE OR RIGHT-OF-WAY Minimum: no minimum 14.2.1.11. DWELLINGS COMBINED WITH COMMERCIAL USE A building which is used for a non-residential use may also contain one or more dwelling units in combination with a permitted use provided: 14.2.1.11.1. the dwelling unit forms part of the main building and is located on the ground floor to the rear of the non-residential use and/or on a floor above the non-residential use; 14.2.1.11.2. the non-residential use is not a motor vehicle service station, sales, rental, repair shop, or washing establishment; 14.2.1.11.3. the dwelling unit is completely self-contained and has separate or direct access to a yard or street; 14.2.1.11.4. All other requirements of this By-law shall be complied with. 14.2.1.12. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 14.3. SPECIAL C4 ZONES 14.3.1. C4-1: (Key map 7) Notwithstanding the provisions of Section 14.1 to the contrary, the area zoned C4-1 shall not be used for the following uses: - an eating establishment, take-out; - a nightclub, tavern or public house; - a place of entertainment. All other uses permitted in the C4 zone will be permitted in the area zoned C4-1. All other applicable provisions shall apply. (Amended by OMB Order 900281) 14.3.2. C4-2 (Not assigned) 14.3.3. C4-3: (Key Map 8) 96 Notwithstanding the provisions of Section 14 hereof to the contrary, the lands zoned C4-3 on part lots 227 and 228, R.P. No. 457 may be used for C4 commercial purposes subject to the following site standards: Parking: A minimum of 7 spaces are to be provided on site. Buffering: A 2 metre high fence is to be maintained along the rear property line. 14.3.4. C4-4: (Key Map 8) Notwithstanding the provisions of Section 14 hereof to the contrary, the area zoned C4-4 may be used for C4 commercial purposes in compliance with the following site standards: Front Yard Setback Minimum: 18 metres Exterior Side Yard Setback Minimum: 0 metres on Newgate Street 12 metres on Brock Street Rear Yard Setback Minimum: 1.2 metres Parking: a minimum of 48 spaces are to be provided on-site The minimum height provision of Section 14.2.1.9. shall not apply to the C4-4 zone. 14.3.5. C4-5: (Key Map 8) Notwithstanding the provisions of Sections 14.1. and 14.2 to the contrary, the area zoned C4-5 shall be used for a bank or financial institution and/or a business or professional office only. The following site standards shall apply: Front Yard Setback Maximum: 0.5 metres Rear Yard Setback Minimum: 17 metres Exterior Side Yard Setback Maximum: 0.5 metres Interior Side Yard Setback Minimum: 6.0 metres All other applicable provisions shall apply. 97 SECTION 15. MIXED USE CORE AREA COMMERCIAL (C5) ZONE 15.1. USES PERMITTED No person shall within any C5 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - all uses permitted in a C4 zone; - apartment; - converted dwelling; - nursing home, home for the aged or retirement residence; - residential uses that lawfully existed on the date of the passing of By-law __-2013, subject to the provisions of Section 7 or Section 8 according to housing type; - guest or tourist house in an existing dwelling, subject to the provisions of Section 8.2.8. - accessory uses as permitted by this By-law. 15.2. ZONE PROVISIONS No person shall within any C5 zone use any lot or erect, alter or use any building or structure except in accordance with the provisions of Section 14.2.1., unless otherwise stated: 15.2.1. FRONT YARD SETBACK Minimum: no minimum Maximum: established average setbacks of the buildings on abutting lots along the said street on the date the building permit is issued. 15.2.2. 15.2.3. 15.3. HEIGHT OF MAIN BUILDING Minimum: 7.6 metres which shall include two storeys Maximum: 16 metres which shall include four storeys Note: See section 3.D.5 of the Town of Goderich Official Plan for more information on maximum height. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with the provisions of Section 6 hereof. SPECIAL ZONES 15.3.1. C5-1: (Key Map 7) Notwithstanding the provisions of Section 15.1. and 8.2.8. to the contrary, the area zoned C5-1 may be used for a guest or tourist home on a minimum lot area of 600 square metres. All other applicable provisions shall apply. 15.3.2. C5-2: (Key Map 7) 15.3.2.1. Notwithstanding Section 6.10 to the contrary, within the area zoned C5-2, a dwelling unit may be permitted below grade, within the cellar of an existing building. 15.3.2.2. Notwithstanding Section 14.2.1.11.1 to the contrary, within the area zoned C5-2, a dwelling unit may be located below the ground floor non-residential use. 15.3.2.3. All applicable Building Code, Fire Code and servicing requirements shall be complied with. All other applicable provisions of this By-law, as amended, shall apply. 15.3.3. C5-3: (Key Map 7) Notwithstanding the provisions of Section 15 hereof to the contrary, the area zoned C5-3 may also be used for a motor vehicle sales and service establishment. All other applicable provisions shall apply. 98 SECTION 16. GROUPED COMMERCIAL (C6) ZONE 16.1. USES PERMITTED No person shall within any C6 zone use any lot or erect, alter or use any building or structure except one or more of the following uses: - accessory office, maintenance and mechanical rooms, indoor storage, indoor refuse; - art or photographic studio; - bakeshop; - car wash; - clinic; - commercial recreational facility; - convenience store; - dry cleaning establishment; - eating establishment, restaurant; - eating establishment, portable food outlet or mobile canteen; - gasoline bar; - grocery store; - place of entertainment, recreation or assembly wholly conducted within enclosed building; - personal service shop; - parking lot; - motor vehicle repair shop; - motor vehicle service station; - retail store; - service and repair shop; - taxi stand; - refreshment stand. - accessory uses as permitted by this By-law 16.2. ZONE PROVISIONS No person shall within any C6 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 16.2.1. 16.2.2. 16.2.3. 16.2.4. 16.2.5. LOT FRONTAGE Minimum: 30 metres LOT AREA Minimum: 3000 square metres LOT DEPTH Minimum: 100 metres LOT COVERAGE Maximum: 40 percent FRONT YARD Minimum: 15 metres provided that where the lands adjoining the opposite side of that portion of the street abutting such front yard are in a residential zone or an (-h) residential zone, the minimum front yard shall be: 25 metres 16.2.6. REAR YARD Minimum: 7.5 metres provided that where the rear lot line is the boundary line between a C6 zone and a residential zone or an (-h) residential zone, the minimum rear yard shall be: 15 metres 16.2.7. INTERIOR SIDE YARD Minimum: 3 metres provided that where the interior side lot line abuts a residential zone or an (-h) residential zone, the minimum interior side yard shall be: 7.5 metres 16.2.8. EXTERIOR SIDE YARD Minimum: 15 metres provided that where the lands adjoining the opposite side of that portion of the street abutting such exterior side yard are in a residential zone or use or an (-h) residential zone, the minimum exterior side yard shall be: 25 metres 16.2.9. LANDSCAPED OPEN SPACE Minimum: 20 percent 16.2.10. HEIGHT OF BUILDING Maximum: 11 metres 99 16.2.11. DRIVEWAYS Notwithstanding the provisions of subsection 6.13.13.5. of this By-law, the minimum distance between a driveway and the closest boundary of a street intersection shall be: 37 metres 16.2.12. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 16.3. SERVICE STATION, CAR WASH The provisions of Section 12.2.2. shall apply. 16.4. SPECIAL ZONES 16.4.1. C6-1: (Key Map 17) Notwithstanding the provisions of Section 15 to the contrary, the area zoned C6-1 may be used for a grouped commercial mall subject to the following additional provisions: Floor Area of Anchor Tenant Department Store Maximum: 9,290 square metres Floor Area of Anchor Tenant Grocery Store Maximum: 3,716 square metres Floor Area of Motion Picture Theatres Maximum: 1,394 square metres Floor Area of Other Permitted Uses (not including the above anchor tenants, the above motion picture theatres, common mall areas, common seating areas, service and mechanical rooms, administrative offices accessory to the mall, and a gas bar) Maximum: 4,180 sq. m [Additional Floor Area of Other Permitted Uses (as defined above) permitted as of January 1, 2003 Maximum: 1,394 sq. m]-H The foregoing provision in square brackets is subject to a (-H) Holding Symbol until such time as the (H) Holding Symbol is removed by amendment to the by-law and such amending by-law shall not be passed before January 1, 2003. For the purpose of the C6-1 zone, the following additional definitions shall apply: Anchor Tenant Department Store means a retail store that is under the management and control of a single tenant, and which may contain ancillary areas, accessible only through the principal entrance to the anchor tenant, which are occupied by a licensee, concessionaire or subtenant of the anchor tenant. The anchor tenant shall be identified to the public at large as a single entity, notwithstanding that ancillary area licensees, concessionaires and subtenants may identify themselves through signage ancillary to the anchor tenant's signage. Anchor Tenant Grocery Store means a retail store, devoted primarily to the sale of food and related products, that is under the management and control of a single tenant, and which may contain ancillary areas, accessible only through the principal entrance to the anchor tenant, which are occupied by a licensee, concessionaire or subtenant of the anchor tenant. The anchor tenant shall be identified to the public at large as a single entity, notwithstanding that ancillary area licensees, concessionaires and subtenants may identify themselves through signage ancillary to the anchor tenant's signage. Floor Area, when used in reference to an anchor tenant department store or anchor tenant grocery store, means the aggregate of the area of each floor, at, above or below established grade, designed 100 for tenant or owner occupancy, measured from the centreline of joint interior partitions and from the exterior of outside walls or walls adjoining common areas and shall include mezzanine areas devoted to sales, storage of inventory for resale, or customer service areas, and shall include exterior garden centres and exterior sales areas where same are under any permanent roof structure. The floor area of mezzanine areas devoted to uses other than sales, storage of inventory for resale, or customer services shall not exceed 20% of the permitted floor area of the anchor tenant. The floor area of exterior garden centres or exterior sales areas shall not be included where same are not under any permanent roof structure. Landscaped Open Space Minimum: 5 percent All other applicable provisions shall apply. (Amended by OMB Order R930176) 101 SECTION 17. RECREATIONAL COMMERCIAL (C7) ZONE 17.1. USES PERMITTED No person shall within any C7 zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - marina; - recreational trailer campsite; - accessory uses and buildings and structures including an accessory office, washrooms, storage and boat repair facilities, dockage, a supply store, a clubhouse, a restaurant, refuse storage, mechanical, electrical and maintenance areas; - parking lot; - public park in accordance with Section 25 hereof - accessory uses as permitted by this By-law. 17.2. ZONE PROVISIONS No person shall within any C7 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 17.2.1. MARINA: 17.2.1.1. LOT FRONTAGE Minimum: minimum 17.2.1.2. LOT AREA Minimum: no minimum 17.2.1.3. LOT DEPTH Minimum: no minimum 17.2.1.4. LOT COVERAGE Maximum: 50 percent 17.2.1.5. FRONT YARD Minimum: 6 metres 17.2.1.6. REAR YARD Minimum: no minimum 17.2.1.7. INTERIOR SIDE YARD Minimum: no minimum provided that where the interior side yard abuts a residential zone or an (-h) residential zone, the minimum interior side yard shall be: 3.5 metres 17.2.1.8. EXTERIOR SIDE YARD Minimum: 6 metres 17.2.1.9. LANDSCAPED OPEN SPACE Minimum: 5 percent 17.2.1.10. COMMUNAL RECREATIONAL SPACE Not less than twenty percent (20%) of the gross area of the lot shall be used as communal recreational area. Natural areas such as ravines, lake banks, valley walls or marshes shall not be included in the calculation of communal recreational space. 17.2.1.11. PUBLIC ACCESS Public access shall be provided to any navigable river or lake. The minimum width of public access shall be 30 metres. 17.2.1.12. HEIGHT OF BUILDING Maximum: 11 metres 17.2.1.13. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 172.2. RECREATIONAL TRAILER CAMPSITE: 17.2.2.1. LOT FRONTAGE Minimum: 40 metres 17.2.2.2. LOT AREA Minimum: no minimum 17.2.2.3. LOT DEPTH Minimum: no minimum 17.2.2.4. LOT COVERAGE Maximum: 35 percent 17.2.2.5. FRONT YARD Minimum: 6 metres 17.2.2.6. REAR YARD Minimum: no minimum 17.2.2.7. INTERIOR SIDE YARD Minimum: no minimum provided that where the interior side yard abuts a residential zone or an (-h) residential zone, the minimum interior side yard shall be: 3.5 metres 17.2.2.8. EXTERIOR SIDE YARD Minimum: 6 metres 102 17.2.2.9. LANDSCAPED OPEN SPACE Minimum: 30 percent 17.2.2.10. TRAILER SITE AREA Minimum: 100 square metres per trailer 17.2.2.11. DENSITY Maximum: 14 sites per gross hectare 17.2.2.12. COMMUNAL RECREATIONAL SPACE Not less than twenty percent (20%) of the gross area of the lot shall be used as communal recreational area. Natural areas such as ravines, lake banks, valley walls or marshes shall not be included in the calculation of communal recreational space. 17.2.2.13. PUBLIC ACCESS Public access shall be provided to any navigable river or lake. The minimum width of public access shall be 30 metres. 17.2.2.14. HEIGHT OF BUILDING Maximum: 11 metres 17.2.2.15. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 17.2.3. COMBINED MARINA AND RECREATIONAL TRAILER CAMPSITE: Where a marina is located on the same lot as a recreational trailer campsite, the provisions of Section 16.2.2. shall apply. 17.3. SPECIAL C7 ZONES 17.3.1. C7-1: (Key Map 5) Notwithstanding any provision in this by-law to the contrary, the area zoned C7-1 shall be subject to the following provisions: Uses Permitted: - an eating establishment; - a gift shop (including any tourist-related retail store); - a public building; - an office accessory to a harbour industry; - a place of entertainment; - a public works yard; - a public park; - a parking area; - uses accessory to the permitted uses; Zone Provisions: Section 23.2 shall apply, except that subsection 23.2.9 shall not apply. 17.3.2. C7-2: (Key Map 5) Notwithstanding any provision in this by-law to the contrary, the area zoned C7-2 shall be subject to the following provisions: Uses Permitted: - a hotel; - an eating establishment; - a convention complex; - a gift shop (including any tourist-related retail store); - a place of entertainment; - a public building; - a public park; - a parking area; - uses accessory to the permitted uses; Zone Provisions: Section 23.2 shall apply, except that subsection 23.2.9 shall not apply. 103 SECTION 18. LIGHT INDUSTRIAL (M1) ZONE 18.1. USES PERMITTED No person shall within any M1 zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - building supply establishment; - catering service or light equipment rentals; - commercial sports recreational facility; - commercial trade school; - communications facility; - contractor’s yard or shop, Type “A”; - dry cleaning plant; - equipment sales and rental facility; - existing dwelling, subject to the provisions of Section 7.2.1.; - food processing establishment, primary. - furniture refinishing, woodworking or upholstery shop; - Humane Society kennel; - industrial mall; - light assembly, manufacturing, fabricating, packaging, printing, publishing plant or warehouse conducted and wholly contained, exclusive of required outside storage, within an enclosed building; - laboratory or research facility; - machine shop; - motor vehicle repair establishment; - municipal water tower or water reservoir; - parking lot; - self-storage facility;- service industrial use; - textile plant; - warehouse; - wholesale outlet; - window and plate glass establishment; - accessory use subordinate to and located on the same lot as a permitted main use including an office, showroom, retail outlet or cafeteria. 18.2. ZONE PROVISIONS No person shall within any M1 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 18.2.1. LOT FRONTAGE Minimum: 20 metres 18.2.2. LOT AREA Minimum: 600 square metres 18.2.3. LOT DEPTH Minimum: 30 metres 18.2.4. LOT COVERAGE Maximum: 40 percent 18.2.5. FRONT YARD Minimum: 15 metres provided that where the lands adjoining the opposite side of that portion of the street abutting such front yard are in a residential zone, an (-h) residential zone or a community facility 1 zone, the minimum front yard shall be: 25 metres 18.2.6. REAR YARD Minimum: 7.5 metres provided that where the rear lot line is the boundary line between an M1 zone and a residential zone or an (-h) residential zone, the minimum rear yard shall be: 15 metres 18.2.7. INTERIOR SIDE YARD Minimum: 3 metres provided that where the interior side lot line is the boundary line between an M1 zone and a residential zone or an (-h) residential zone, the minimum interior side yard shall be: 10 metres 104 18.2.8. EXTERIOR SIDE YARD Minimum: 15 metres provided that where the lands adjoining the opposite side of that portion of the street abutting such front yard are in a residential zone or an (-h) residential zone or a community facility 1 zone, the minimum exterior side yard shall be: 25 metres 18.2.9. LANDSCAPED OPEN SPACE Minimum: 10 percent 18.2.10. HEIGHT OF BUILDING Maximum: 15 metres provided that if any portion of a building or structure is erected above a height of 15 metres, such building or structure must be set back from the centreline of the abutting street or from the front, side or rear lot lines, as the case may be, in addition to the minimum requirements of this By-law, a further distance of .5 metres for each metre by which such building or structure is erected above a height of 15 metres. 18.2.11. PROPERTY ABUTTING RAILWAY OR HYDRO RIGHT-OF-WAY Notwithstanding any other pro-visions of this By-law to the contrary, where any lot line or portion thereof abuts a railway or hydro right-of-way, the interior side or rear yard required along that portion of such lot line which so abuts the railway or hydro right-of-way shall be: 1.5 metres 18.2.12. OUTDOOR STORAGE The outdoor storage of goods or materials shall be permitted only to the rear of the main building provided that: 18.2.12.1.such outdoor storage is accessory to the use of the main building on the lot; 18.2.12.2.such outdoor storage complies with the yard and setback requirements of this zone; 18.2.12.3.such outdoor storage does not cover more than thirty-five percent (35%) of the lot area nor exceed twice the ground floor area of the main building on the lot; 18.2.12.4.any portion of the area used for outdoor storage, where it does not adjoin the outside wall of a building is completely concealed from view from the street by a fence, planting strip or decorative masonry wall or a combination thereof; 18.2.12.5.the screening described in the foregoing section shall be a minimum 1.8 metres in height above ground level and kept in a neat and attractive manner. 18.2.13. SHOWROOM OR SALES A maximum of ten percent (10%) of the gross floor area of a permitted industrial building may be used for showroom or sale of products manufactured or assembled on the premises. 18.2.14. OUTDOOR MANUFACTURING Not permitted. 18.2.15. INDUSTRIAL EFFLUENT Nothing in the foregoing shall be construed to permit uses with wastage materials unsuitable for the sewage treatment plant or for which waste disposal facilities approved by The Ministry of the Environment are unavailable. 18.2.16. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 18.3. SPECIAL M1 ZONES 18.3.1. M1-1: (Key Map 18) Notwithstanding the provisions of Section 18 hereof to the contrary, the lands zoned M1-1 on part of lot 107, Maitland Concession, Town of Goderich, may be used for restricted industrial uses in accordance with the following provisions: 18.3.1.2. PERMITTED USES Within the industrial (M1-1) zone, no land shall be used and no building or structure shall be erected, altered or used except for one or more of the following uses, provided that the use is conducted within an enclosed building and which is not, nor will become obnoxious, offensive, or dangerous by reason 105 of the presence, emission or production of odour, dust, noise, smoke, fumes, glare, radiation or toxic or corrosive gases and which is not detrimental in appearance or effect to surrounding uses: - a printing, publishing, packing, assembly, wholesaling, or warehousing enterprise; - a service industrial use; - a laboratory or research facility; - a public or private utility such as a works yard, fire hall, or communications facility which is of an industrial character or nature; - a catering service or light equipment rentals; - a public park; - a textile plant; - a contractor’s establishment; - a tradesman’s shop; - a furniture refinishing, wood-working; or upholstery shop; - a parking lot; - an industrial mall. 18.3.1.3. ACCESSORY USES Uses subordinate and accessory to and located on the same lot as a permitted main use including an office, showroom, retail outlet or cafeteria are permitted. 18.3.1.4. ZONE PROVISIONS 18.3.1.4.1. DEVELOPMENT STANDARDS The development standards shall be in accordance with the M1 requirements and the general provisions of this By-law unless otherwise specified. 18.3.1.4.2. BUFFERING 18.3.1.4.2.1. Where an industrial (M1-1) zone abuts a residential use or land in a residential or holding (-h) zone, the minimum yard depth shall be 15.24 metres and a strip of land not less than 7.62 metres in width along the lot line within the industrial (M1-1) zone shall be used for no other purpose than a planting area attractively landscaped with grass, trees, shrubbery and flower beds. 18.3.1.4.2.2. Where an industrial (M1-1) zone abuts a residential use or land in a residential or holding (-h) zone, then a solid fence, not less than 1.8 metres high, shall be constructed and maintained in a visually attractive manner to provide a complete visual barrier along the said abutting lot line. The fence shall be set back a minimum of 9.1 metres from the street line. Where a lattice, louvered or other type of open construction fence is preferred, a solid visual barrier of evergreen tree planting of comparable height shall be provided and maintained at all times for buffering purposes. 18.3.1.4.2.3. A planting area shall be located and maintained in such manner as not to form a traffic obstruction or hazard. 18.3.1.4.2.4. Fencing, planting strips, landscaping and buffering shall be constructed, planted, nurtured and maintained by the owner(s) to the satisfaction of the Corporation. 18.3.1.4.3. OUTDOOR STORAGE AND REFUSE 18.3.1.4.3.1. Outdoor storage will not be permitted in a front yard. 18.3.1.4.3.2. No material used or stored shall be piled closer than 7.62 metres to a required fence or piled higher than the fence. 18.3.1.4.3.3. All storage materials, refuse and refuse containers shall be completely screened from the street and residential areas by a fence, evergreen hedge or a decorative masonry wall. 18.3.1.4.3.4. The outdoor display of merchandise kept for retail sale on the premises is permitted provided it is not located on the residential buffer strip and is kept in a neat and attractive manner. 18.3.1.4.4. OUTDOOR MANUFACTURING 106 Not permitted. 18.3.1.4.5. LOADING AND UNLOADING 18.3.1.4.5.1. No loading or unloading docks or doors, except emergency doors are permitted within 20 metres of a residential use or land in a residential or holding zone. 18.3.1.4.5.2. No loading or unloading docks or doors are permitted in the area between the street line and the main building. 18.3.1.4.6. SHOWROOM OR RETAIL SALES See section 18.2.13. 18.3.1.4.7. ACCESSORY BUILDINGS No accessory building or structure shall be constructed in a front yard. 18.3.1.4.8. HEIGHT RESTRICTION Notwithstanding any provision of this By-law to the contrary, the maximum height restrictions on lands zoned M1-1 shall be 9.144 metres maximum taken from the elevation of the centreline of Suncoast Drive at the mid-point of the frontage of the subject lot. 18.3.1.5. PROHIBITED USES 18.3.1.5.1. Nothing in the foregoing shall be construed to permit any use which is or may become obnoxious, offensive or dangerous including the following trades and uses which are specifically prohibited: - salvage, junk, scrap or wrecking yard; - rendering plant; - sulfuric acid manufacture; - asphalt plant; - reduction or distillation of bones; - coal tar distillation; - chlorine manufacture; - manufacture of creosote; - manufacture of explosives, fireworks or gunpowder; - reduction or incineration of garbage or animals; - manufacture of glue, grease or tallow; - manufacture of asbestos products. 18.3.1.5.2. INDUSTRIAL EFFLUENT See section 18.2.15. 18.3.1.5.3. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. See section 18.2.16. 18.3.2. M1-2 (Formerly M1-1-1): (Key Map 18) Notwithstanding the provisions of Section 18.1 to the contrary, the area zoned M1-2 may also be used for community facility administrative offices and accessory uses and facilities. All other applicable provisions of Section 18.3.1. shall apply. 18.3.3. M1-3: (Key Maps 17 and 18) Notwithstanding the provisions of Section 18.1 to the contrary, the area zoned M1-3 may also be used as a Business Park which shall be limited to the following uses: - all uses permitted in the Light Industrial (M1) zone; - a large administrative or business office, provided each such unit or use contains a minimum floor area of 750 square metres (a unit or use is defined as a separate tenant or business which is operated independently from another tenant or business on the same lot); - a commercial school. 107 All other applicable provisions of the M1 zone shall apply. 18.3.4. M1-4 (Not Assigned) 18.3.5. M1-5: (Key Map 16) Notwithstanding any provision of the By-law to the contrary, in the area zoned M1-5, Section 18.2. shall apply with the following exceptions. Lot Coverage, maximum 60% Front Yard, minimum 6 metres Rear Yard, minimum 3.6 metres Interior Side Yard, minimum 3.6 metres Number of Parking Spaces, minimum 5 existing spaces Number of Loading Spaces, minimum 0 All other applicable provisions shall apply. 108 SECTION 19. GENERAL INDUSTRIAL (M2) ZONE 19.1. USES PERMITTED No person shall within any M2 zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - agricultural processing establishment - assembly, manufacturing, fabricating, packaging, printing, publishing plant or warehouse conducted and wholly contained, exclusive of required outside storage, within an enclosed building; - building supply establishment - bulk sales establishment; - cartage, express or truck transport terminal or yard; - catering service or light equipment rentals;- commercial trade school - communications facility - contractor’s yard or shop, type “A”; - contractor’s yard, type “B”; - dairy; - dry cleaning plant; - equipment sales and rental facility; - existing dwelling, subject to the provisions of Section 7.2.1.; - feed or flour mill; - food processing establishment, primary - food processing establishment, secondary - fuel storage tank or supply yard; - furniture refinishing, wood-working or upholstery shop; - grain elevator; - Humane Society kennel; - industrial mall; - machine shop; - motor vehicle body repair shop; - motor vehicle repair establishment; - municipal water tower or water reservoir; - laboratory or research facility; - parking lot; - planing or saw mill; - public works yard; - radio or television tower; - salt evaporation establishment; - salt extraction well; - salt settling basin; - self-storage facility - service industrial use; - textile plant; - warehouse; - wholesale outlet; - window and plate glass establishment; - accessory use subordinate to and located on the same lot as a permitted main use including an office, showroom, retail outlet or cafeteria 19.1.1. Subject to the provisions of Section 19.2, M2 lands shall permit more than one main building per lot. 109 19.2. ZONE PROVISIONS No person shall within any M2 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 19.2.1. LOT FRONTAGE Minimum: 20 metres 19.2.2. LOT AREA Minimum: 600 square metres 19.2.3. LOT DEPTH Minimum: 30 metres 19.2.4. LOT COVERAGE Maximum: 70 percent 19.2.5. FRONT YARD Minimum: 15 metres provided that where the lands adjoining the opposite side of that portion of the street abutting such front yard are in a residential zone or an (-h) residential zone, the minimum front yard shall be: 25 metres 19.2.6. REAR YARD Minimum: 7.5 metres provided that where the rear lot line is the boundary line between an M2 zone and a residential zone or an (-h) residential zone, the minimum rear yard shall be: 20 metres 19.2.7. INTERIOR SIDE YARD Minimum: 3 metres provided that where the interior side lot line is the boundary line between an M2 zone and a residential zone or an (-h) residential zone, the minimum interior side lot line shall be: 15 metres 19.2.8. EXTERIOR SIDE YARD Minimum: 15 metres provided that where the lands adjoining the opposite side of that portion of the street abutting such front yard are in a residential zone or an (-h) residential zone, the minimum exterior side yard shall be: 25 metres 19.2.9. LANDSCAPED OPEN SPACE Minimum: 10 percent 19.2.10. HEIGHT OF BUILDING Maximum: 30 metres provided that if any portion of a building or structure is erected above a height of 30 metres, such building or structure must be set back from the centreline of the abutting street or from the front, side or rear lot lines, as the case may be, in addition to the minimum requirements of this By-law, a further distance of .5 metres for each metre by which such building or structure is erected above a height of 30 metres. 19.2.11. PROPERTY ABUTTING RAILWAY OR HYDRO RIGHT-OF-WAY Notwithstanding any other provisions of this By-law to the contrary, where any lot line or portion thereof abuts a railway or hydro right-of-way, the interior side or rear yard required along that portion of such lot line which so abuts the railway or hydro right-of-way shall be: 1.5 metres 19.2.12. OUTDOOR STORAGE The outdoor storage of goods or materials shall be permitted only to the rear of the main building provided that: 19.2.12.1.such outdoor storage is accessory to the use of the main building on the lot; 19.2.12.2.such outdoor storage complies with the yard and setback requirements of this zone; 19.2.12.3.such outdoor storage does not cover more than thirty-five percent (35%) of the lot area nor exceed twice the ground floor area of the main building on the lot. 19.2.13. SHOWROOM OR SALES A maximum of ten percent (10%) of the gross floor area of a permitted industrial building may be used for showroom or sale of products manufactured or assembled on the premises. 19.2.14. OUTDOOR MANUFACTURING Not permitted. 19.2.15. EXTERIOR CONSTRUCTION AND DESIGN 110 No building or structure permitted in the M2 zone shall be erected or altered unless the exterior construction thereof is of stone, brick, reinforced concrete, glass or steel or a combination of these materials. Exterior walls, facing onto front yards shall not be constructed of concrete or masonry blocks or units unless the blocks or units: - are decorative; - are covered with stucco or siding having a permanent colour finish; - are used in a decorative pattern form. 19.2.16. INDUSTRIAL EFFLUENT Nothing in the foregoing shall be construed to permit uses with wastage materials unsuitable for the sewage treatment plant or for which waste disposal facilities approved by The Ministry of the Environment are unavailable. 19.2.17. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 19.3. SPECIAL M2 ZONES 19.3.1. M2-1: (Key Map 15) Notwithstanding the provisions of Section 19.1. to the contrary, in the area zoned M2-1, an accessory building may be established accessory to the existing legal non-conforming use (single-family residence), and notwithstanding the provisions of Section 6.9. (Accessory Uses) to the contrary, such accessory building shall be no closer than 1 metre to a lot line. 19.3.2. M2-2: (Key Map 18) Notwithstanding the provisions of Section 19.1. to the contrary, the area zoned M2-2 may also be used for a community hall. All other applicable provisions shall apply. 19.3.3. M2-3: (Key Map 18) Notwithstanding the provisions of Section 19.1 to the contrary, the area zoned M2-3 may also be used for a public utility. All other applicable provisions shall apply. 19.3.4. M2-4: (Key Map 15) Notwithstanding any provision of this By-law to the contrary, in the area zoned M2-4, the minimum exterior side yard adjacent to Walnut Street shall be 1.5 metres, outdoor storage shall be permitted in any yard, and the exterior covering of buildings may consist of cloth designed for exterior applications. All other provisions of this By-law, as amended, shall apply. 19.3.5. M2-5: (Key Map 16) Notwithstanding the provisions of Section 19 hereof to the contrary, the lands zoned M2-5 on Part of Lot 1, Maitland Concession, Town of Goderich, may permit 1) an existing single family residence and replacement of the same in accordance with Section 7.2.1 and; 2) restricted industrial uses in accordance with the following provisions. The main use of the land zoned M2-5 shall be industrial and the single family residence shall be accessory to the industrial use. All other provisions of Section 18 and this By-law continue to apply. 19.3.5.1 Permitted Uses Notwithstanding Section 19.1, on lands zoned M2-5 zone, no land shall be used and no building or structure shall be erected, altered or used except for one or more of the following uses, provided that the use is conducted within an enclosed building and which is not, nor will become obnoxious, offensive, or dangerous by reason of the presence, emission or production of odour, dust, noise, smoke, fumes, glare, radiation or toxic or corrosive gases and which is not detrimental in appearance or effect to surrounding uses: - a printing, publishing, packing, assembly, wholesaling, or warehouse enterprise; 111 - a service industrial use; - a laboratory or research facility; - a catering service or light equipment rentals; - a public or private utility such as a public works yard, fire hall or communication facility which is of an industrial character or nature; - a recreational facility such as a health spa or fitness centre; - a public park; - a Humane Society kennel; - a contractor's yard or shop, Type "A"; - a parking lot; - a motor vehicle repair establishment; - a machine shop; - a furniture refinishing, woodworking or upholstery shop; - a storage facility for such items as cars, trucks, boats, campers and travel trailers. 19.3.5.2. Accessory Uses Uses subordinate and accessory to and located on the same lot as a permitted main industrial use including an office, showroom, retail outlet or cafeteria are permitted. 19.3.5.4 Buffering The northerly lot line to the top-of-slope shall be maintained as a planting strip in accordance to Section 6.16. The westerly lot line shall be maintained as a planting strip in accordance to Section 6.16 and shall be no closer than 20 metres to the public road. The planting shall be constructed, planted, nurtured and maintained by the owner(s) to the satisfaction of the Town of Goderich. 19.3.5.5. Exterior Construction and Design See Section 19.2.15. This section applies to the industrial uses only. 19.3.5.6. Outdoor Storage and Refuse 19.4.3.5.1. Outdoor storage will not be permitted in any front yard. 19.4.3.5.2. Such outdoor storage is accessory to the industrial use on the lot. 19.4.3.5.3. Such outdoor storage complies with the yard and setback requirements of the M2 zone. 19.4.3.5.4. Such outdoor storage does not cover more than thirty-five percent (35%) of the lot area nor exceed twice the ground floor area of the industrial building on the lot. 19.3.5.7. Outdoor Manufacturing Not permitted. 19.3.5.8. Accessory Building: Notwithstanding the provisions of Section 6.9 to the contrary, to the area zoned M2-5, accessory buildings and structures to the single family residence are permitted and shall not exceed the lot coverage area of the single family residence. Accessory buildings and structures to the industrial uses are permitted and shall not exceed the lot coverage of the industrial uses. The setback provisions of Section 18.2 shall apply to the accessory buildings and structures of the industrial uses and exclude the single family residence. Sections 6.9.1, 6.9.2 and 6.9.3 shall apply to accessory buildings and structures of the single family residence. 19.3.5.9. Prohibited Uses: See Section 6.15. 19.3.6. 19.3.7. M2-6 (Not assigned) M2-7: (Key Map 19) 112 Notwithstanding Section 19.2.8 of this By-law to the contrary, in the area zoned M2-7, the minimum exterior side yard shall be 7.8 metres. All applicable provisions of this By-law, as amended, shall apply.) 19.3.8. M2-8: (Key Map 17) Notwithstanding Section 19.2.8., Section 19.2.12. and Section 6.13.10 of this By-law to the contrary, in the area zoned M2-8, the following exceptions shall apply: The exterior side yard, as it applies to a loading dock platform, will be reduced from 15 metres to 9.5 metres. A parking area containing six (6) parking spaces shall be permitted in the exterior side yard. Outdoor storage is permitted within zero (0) metres of the rear and southerly interior side lot lines. All other applicable provisions of this By-law, as amended, shall apply. 19.3.9. M2-9 : (Key Map 18) Notwithstanding the provisions of Section 19 of this By-law to the contrary and in addition to the permitted uses of Section 19, in the area zoned M2-9 a not-for-profit retail store for the sale of donated items may be considered an accessory use to a warehouse. Additional accessory uses shall be limited to those which are clearly ancillary to the industrial use. All other applicable provisions of this By-law, as amended, shall apply. 19.3.10. M2-10: (Key Map 19) Notwithstanding the provisions of Section 19 of this By-law to the contrary, in the area zoned M2-10, open bulk storage of landscaping materials may be permitted in all yards to a maximum of fifty percent (50%) lot coverage. 19.3.11 M2-h: (Key Map 19) No development is permitted on the lands zoned M2-h until such time that access, servicing, stormwater management, and other on-site concerns are addressed. It is also recognized that a reduced exterior side yard of 7.81 metres has been created as a result of a dedication of an unassumed road allowance to the Town as required by Committee of Adjustment decision (File 2010-10, B-7). 113 SECTION 20. NON-SITE SPECIFIC MINOR COMMUNITY FACILITY (CF1) ZONE 20.1. USES PERMITTED No person shall within any CF1 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - church; - community centre; - library; - nursery school; - parking lot; - police facility; - public library; - government office; - art or cultural facility; - museum or historic site; - ambulance station; - accessory uses subordinate to and located on the same lot as a permitted main use . 20.2. ZONE PROVISIONS No person shall within any CF1 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 20.2.1. 20.2.2. 20.2.3. 20.2.4. 20.2.5. 20.2.6. 20.2.7. 20.2.8. 20.2.9. 20.2.10. 20.2.11. 20.3. LOT FRONTAGE Minimum: 20 metres LOT AREA Minimum: 600 square metres LOT DEPTH Minimum: 30 metres LOT COVERAGE Maximum: 30 percent FRONT YARD Minimum: 7.5 metres REAR YARD Minimum: 10 metres INTERIOR SIDE YARD Minimum: 5 metres EXTERIOR SIDE YARD Minimum: 6 metres LANDSCAPED OPEN SPACE Minimum: 30 percent HEIGHT OF BUILDING Maximum: 11 metres PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. SPECIAL ZONES 20.3.1. CF1-1: (Key Map 13) Notwithstanding the provisions of Section 20 hereof to the contrary, the lands zoned CF1-1 on part lots 8 and 9, R.P. 452, Town of Goderich, may be used for a church based upon the following site standards: Maximum Parking Spaces: 30 spaces Front Yard Minimum: 6 metres Rear Yard Minimum: 10.5 metres Interior Side Yard Minimum: 7.5 metres 20.3.2. CF1-2: (Key Map 18) Notwithstanding any provision of this By-law to the contrary, the area zoned CF1-2 may also be used for a store for the sale of donated items as an accessory use to a church. All other provisions of this by-law, as amended, shall apply. 20.3.3. CF1-3: Not Assigned 114 20.3.4. CF1-4: (Key Map 12) Notwithstanding the provisions of Section 20.1 hereof to the contrary, the lands zoned CF1-4 may be used for a clinic as defined by this By-law. All other applicable provisions shall apply 20.3.5. CF1-5: (Key Map 18) Notwithstanding the provisions of Section 20.1 to the contrary, the area zoned CF1-5 shall be used for no other purpose than community facility offices and accessory uses and facilities. All other applicable provisions shall apply. 20.3.6. CF1-6 (Not assigned) 20.3.7. CF1-7: (Key Map 18) Notwithstanding the provisions of Section 20.1 (permitted uses) to the contrary, the area zoned CF1-7 shall only be used for a group home and associated administrative and counseling facilities, and a clinic. Notwithstanding the definition of a Dwelling, Group Home as contained in this By-law, the group home may include more than 10 residents and may establish in conjunction with other permitted uses. Notwithstanding the provisions of Sections 20.2.6 (rear yard) and 20.2.7 (interior side yard) to the contrary, the minimum rear yard shall be 8 metres and the minimum interior side yard shall be 4 metres. Notwithstanding the provisions of Section 6.13 (parking) to the contrary, permitted uses may establish provided that a minimum of 16 and a maximum of 18 parking spaces are provided. All other applicable provisions shall apply. 20.3.8. CF1-8: (Key Map 14) Notwithstanding the provisions of Section 20.1 to the contrary, the area zoned CF1-8 may also be used for a clinic. Notwithstanding the provisions of Section 6.13 to the contrary, a minimum of 10 onsite parking spaces shall be provided; and for 90 degree parking, the aisle shall not be less than 4 metres in perpendicular width. All other applicable provisions shall apply. 20.3.9. CF1-9 (Key Map 7) Notwithstanding Section 20.2.4. of this By-law to the contrary, the area zoned CF1-9 may have a maximum lot coverage of 60 percent. All other provisions of this By-law, as amended, shall apply. 20.3.10. CF1-10-h (Key Map 18) Notwithstanding the provisions of Section 20 of this By-law to the contrary, in the area zoned CF1-10h, a parking lot accessory to the community facility use on the abutting lands to the east is permitted. The Holding Zone (-h) shall not be removed until a site sketch addressing drainage and landscaping considerations is submitted to the satisfaction of the town. 20.3.11 CF1-11: (Key Map 6) Notwithstanding any provision of this By-law to the contrary, the area zoned CF1-11 shall permit a community facility which includes over-night care services in addition to a lawn bowling club. The minimum interior side yard setback shall be 2 metres. No parking will be provided on-site. All other applicable provisions of this By-law shall apply. 115 SECTION 21. NON-SITE SPECIFIC MAJOR COMMUNITY FACILITY (CF2) ZONE 21.1. USES PERMITTED No person shall within any CF2 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - all uses permitted in a CF1 zone; - ambulance station - arena; - cemetery; - elementary school; - fairground; - fire hall; - hospital; - police station; - public works garage, warehouse or storage yard; - secondary school; - sports field; - stadium; - racetrack; - accessory uses subordinate to and located on the same lot as a permitted main use. 21.2. ZONE PROVISIONS No person shall within any CF2 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 21.2.1. 21.2.2. 21.2.3. 21.2.4. 21.2.5. 21.2.6. LOT FRONTAGE Minimum: 20 metres LOT AREA Minimum: 800 square metres LOT DEPTH Minimum: 40 metres LOT COVERAGE Maximum: 50 percent FRONT YARD Minimum: 7.5 metres REAR YARD Minimum: 7.5 metres provided that where a CF2 use abuts a residential zone, or an (-h) residential zone, the minimum rear yard shall be: 10 metres 21.2.7. 21.2.8. 21.2.9. 21.2.10. 21.2.11. INTERIOR SIDE YARD Minimum: 5 metres EXTERIOR SIDE YARD Minimum: 7.5 metres LANDSCAPED OPEN SPACE Minimum: 20 percent HEIGHT OF BUILDING Maximum: 11 metres PARKING, ACCESSORY BUILDINGS,PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 21.3. SPECIAL ZONES 21.3.1. CF2-1: (Key Map 17) Notwithstanding any provision of this By-law to the contrary, the area zoned CF2-1 may be used for one or more of the following uses: - all uses permitted in a CF1 or CF2 zone; - a recreation and health complex consisting of one or more of the following uses: - main uses including an aquatic centre, arenas, other indoor and outdoor sports facilities, and/or community meeting/event facilities; - related uses including clinics, health/fitness facilities and services, and/or day care facilities; and 116 - accessory uses including food/beverage concessions; and/or accessory retail uses associated with and operated by a main use or a related use. Notwithstanding any provision of this By-law to the contrary, the area zoned CF2-1 may have: -a minimum lot frontage of 15 metres; -a minimum interior side yard of 0 metres on the west side only; and - the number of parking spaces in accordance with an approved site plan under section 41 of the Planning Act, RSO 1990. All other applicable provisions shall apply. 21.3.2. CF2-2: (Key Map 4) Notwithstanding Section 21.1 of this By-law to the contrary, the area zoned CF2-2 may be used for a clinic in addition to the permitted CF2 uses. The clinic permits accessory residential dwelling units within the building for the temporary accommodation of professionals. Temporary is defined as generally not exceeding 2 years and the professionals residing in the residential dwelling units must be providing services to the clinic or hospital. All other applicable provisions apply. 117 SECTION 22. SITE SPECIFIC COMMUNITY FACILITY (CF3) ZONE 22.1. USES PERMITTED No person shall within any CF3 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - communication facilities; - flood and erosion control works; - hydro transmission lines and facilities; - public utility; - railway facilities; - sewage treatment plant; - water treatment plant; and - water tower - accessory uses subordinate to and located on the same lot as a permitted main use . 22.2 ZONE PROVISIONS Where owned and operated by the municipality, CF3 lands and facilities are subject to Zone Provisions of Section 6.32. Where owned and operated by an entity other than the municipality, CF3 lands and facilities are subject to the Zone Provisions as listed in Section 21.2. 118 SECTION 23. HARBOUR COMMERCIAL (H1) ZONE 23.1. USES PERMITTED No person shall within any H1 zone use for any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: - eating establishment, restaurant; - eating establishment, take out restaurant; - eating establishment, portable food outlet or mobile canteen; - gift shop; - museum or interpretive centre; - parking area; - public park; - accessory uses subordinate to and located on the same lot as a permitted main use. 23.2. ZONE PROVISIONS No person shall within any H1 zone use any lot or erect or alter or use any building or structure except in accordance with the following provisions: 23.2.1. 23.2.2. 23.2.3. 23.2.4. 23.2.5. 23.2.6. 23.2.7. 23.2.8. 23.2.9. LOT FRONTAGE Minimum: LOT AREA Minimum: LOT DEPTH Minimum: LOT COVERAGE Maximum: FRONT YARD Minimum: REAR YARD Minimum: INTERIOR SIDE YARD Minimum: EXTERIOR SIDE YARD Minimum: SETBACK FROM ROAD & RAIL 3 metres 20 square metres 6 metres 80 percent no minimum no minimum no minimum no minimum 4.5 metres from the centreline of railway track and/or 10 metres from the centreline of a public thoroughfare 23.2.10. LANDSCAPED OPEN SPACE Minimum: no minimum 23.2.11. HEIGHT OF BUILDING Maximum: no maximum 23.2.12. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 23.3. OTHER PROVISIONS Notwithstanding any other provision of this By-law to the contrary, no new development of H1 zone lands shall be permitted without entering into a development agreement to control site standards with the municipality. 119 SECTION 24. HARBOUR INDUSTRIAL (H2) ZONE 24.1. USES PERMITTED No person shall within any H2 zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - harbour industrial use, but not including open bulk storage; - harbour administration facilities; - open bulk storage of salt; - parking area; - public park; - salt mine and related manufacturing and processing facility; - terminal grain elevator; - transfer grain elevator; - accessory uses subordinate to and located on the same lot as a permitted main use . 24.2. ZONE PROVISIONS No person shall within any H2 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 24.2.1. 24.2.2. 24.2.3. 24.2.4. 24.2.5. 24.2.6. 24.2.7. 24.2.8. 24.2.9. 24.2.10. LOT FRONTAGE Minimum: LOT AREA Minimum: LOT DEPTH Minimum: LOT COVERAGE Maximum: FRONT YARD Minimum: REAR YARD Minimum: INTERIOR SIDE YARD Minimum: EXTERIOR SIDE YARD Minimum: LANDSCAPED OPEN SPACE Minimum: HEIGHT OF BUILDING Maximum: no minimum no minimum no minimum 85 percent 6 metres no minimum 3 metres 6 metres 10 percent no minimum 24.2.11. PROPERTY ABUTTING RAILWAY OR HYDRO RIGHT-OF-WAY Notwithstanding any other provisions of this By-law to the contrary, where any lot line or portion thereof abuts a railway or hydro right-of-way, the interior side or rear yard required along that portion of such lot line which so abuts the railway or hydro right-of-way shall be: 1.5 metres 24.2.12. EXTERIOR CONSTRUCTION AND DESIGN No building or structure permitted in the H2 zone shall be erected unless the exterior construction thereof is of stone, brick, reinforced concrete, glass or steel or a combination of these materials. 24.2.13. PUBLIC PARK There shall be no minimum requirements for a public park in an H2 zone. 24.2.14. PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 24.3. SPECIAL H2 ZONES 24.3.1. H2-1: (Key Map 5) Notwithstanding the provisions of Section 23.1. hereof to the contrary, the lands zoned H2-1 may be used for the following uses: - all H2 uses, subject to the provisions of Section 23.2.; 120 - a concession stand; - a shopping terrace; - a cafe; - a gift shop; - a restaurant. The above H1 uses shall be subject to the provisions of Section 22.2. 24.3.2. H2-2: (Key Map 5) Notwithstanding the provisions of Section 24.1 to the contrary, the area zoned H2-2 shall be restricted to the following uses: a public park and a parking area. Buildings and structures shall be prohibited. All other applicable provisions shall apply. 24.3.3. H2-3: (Key Map 1) In the area zoned H2-3, the subject property is deemed to be a legal “lot” for the purpose of this zoning bylaw. The most easterly property line of the lot adjacent to Part 1 on Plan 22R-4463 is recognized to be the front yard. The existing concrete wall on the south side of the lot together with any apparent fixtures or structures shall be allowed to project beyond the confines of the lot as they exist on the day of the passing of the bylaw (insert date here). Existing buildings and structures on the day of the passing of the bylaw are recognized and deemed to conform. Notwithstanding the provisions of Section 24.2, all new buildings and structures shall be constructed a minimum of 1 metre from the perimeter of the lot. Notwithstanding the provisions of Section 6.23, the subject property is recognized to have a right of way as a means of access. Buildings and structures for the sole purpose of bulk storage shall be exempt when calculating required parking spaces for the subject property. All other provisions of this By-law shall apply. 24.3.4. H2-4: (Key Map 1) Notwithstanding the provisions of Section 24.1 to the contrary, the area zoned H2-4 may also be used for a marina subject to the zone provisions of Section 17.2.1. All other applicable provisions of this By-law, as amended, shall apply. 121 SECTION 25. PUBLIC OPEN SPACE (OS1) ZONE 25.1. USES PERMITTED No person shall within any OS1 zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - public park; - interpretive centre or museum; - parking lot accessory to a park use located on the same lot; - accessory uses subordinate to and located on the same lot as a permitted main use. 25.2. ZONE PROVISIONS No person shall within any OS1 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 25.2.1. 25.2.2. 25.2.3. 25.2.4. 25.2.5. 25.2.6. 25.2.7. 25.2.8. 25.2.9. 25.2.10. LOT FRONTAGE Minimum: 30 metres LOT AREA Minimum: 1050 square metres LOT DEPTH Minimum: 35 metres LOT COVERAGE Maximum: 30 percent FRONT YARD Minimum: 6 metres REAR YARD Minimum: 8 metres INTERIOR SIDE YARD Minimum: 6 metres EXTERIOR SIDE YARD Minimum: 6 metres HEIGHT OF BUILDING Maximum: 11 metres PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. 122 SECTION 26. PRIVATE OPEN SPACE (OS2) ZONE 26.1. USES PERMITTED No person shall within any OS2 zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - clubhouse which may include a lounge with facilities for dining and entertaining, washrooms, showers; - country club; - golf course; - lawn bowling club. - tennis court; - lawn bowling club. - private park; - accessory uses subordinate to and located on the same lot as a permitted main use . 26.2. ZONE PROVISIONS No person shall within any OS2 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: 26.2.1. 26.2.2. 26.2.3. 26.2.4. 26.2.5. 26.2.6. 26.2.7. 26.2.8. 26.2.9. 26.2.10. 26.3. LOT FRONTAGE Minimum: no minimum LOT AREA Minimum: no minimum LOT DEPTH Minimum: no minimum LOT COVERAGE Maximum: 20 percent FRONT YARD Minimum: 6 metres REAR YARD Minimum: 6 metres INTERIOR SIDE YARD Minimum: 5 metres EXTERIOR SIDE YARD Minimum: 6 metres HEIGHT OF BUILDING Maximum: 11 metres PARKING, ACCESSORY BUILDINGS, PLANTING STRIPS, ETC. In accordance with Section 6 hereof. SPECIAL OS2 ZONES 26.3.1. OS2-1: (Key Map 10) Notwithstanding any other provisions in this By-law to the contrary, in the area zoned OS2-1, no building or structure or accessory building or structure (including a swimming pool or tennis court) or parking area shall be permitted. Landscaping is permitted which may include a patio on grade. Accessory buildings and structures, not including swimming pools, may be permitted within the OS2-1 zone adjacent to the lake bank, subject to the provisions of Section 6.9 and provided such accessory buildings or structures do not exceed 50 square metres lot coverage. 123 SECTION 27. NATURAL ENVIRONMENT (NE) ZONE 27.1. USES PERMITTED No person shall within any NE zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - conservation project; - municipally owned beach house containing food concession; - parking lot; - passive recreation; - public park subject to the provisions of Section 23 hereof; - playground and picnicking facilities; - salt extraction well; - settling basin; - structures for erosion and flood control; and, - accessory buildings and structures for trails such as stiles, stairways, markers, bridges and benches. 27.2. SPECIAL PROVISIONS 27.2.1. No buildings or structures or additions thereto and no placing or removal of fill shall be permitted except with the prior written approval of the Municipality. 27.2.2. Clearing of areas within the NE zone shall be prohibited. Selective cutting may be permitted in accordance with the approval of the Municipality. 27.2.3. 27.3. 27.3.1. Dumping of refuse shall be prohibited in the NE zone. SPECIAL NE ZONES NE-1 (Not assigned) 27.3.2. NE-2: (Key Map 9) Notwithstanding the provisions of Section 26.1 to the contrary, the area zoned NE-2 may be used for one single-detached dwelling subject to the provisions of Section 7. The area zoned NE-2 may also be used for accessory buildings and structures, not including a swimming pool, subject to the provisions of section 6.9, including Section 6.9.2.2, except that no accessory building or structure shall be closer than 8 metres from the westerly lot line. All other applicable provisions shall apply. 124 SECTION 28. FLOODWAY (F) ZONE 28.1. USES PERMITTED No person shall within any F zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - a conservation project; - passive recreation; - public and private parks involving no buildings; - accessory structures for trails such as stiles, stairways, structures for flood and erosion control. 28.2. SPECIAL PROVISIONS 28.2.1. No buildings or structures or additions thereto and no placing or removal of fill shall be permitted except with the prior written approval of the Municipality and the Maitland Valley Conservation Authority. 28.2.2. Clearing of areas within the F zone shall be prohibited. Selective cutting may be permitted in accordance with the approval of the Municipality. 28.2.3. Dumping of refuse shall be prohibited in the F zone. 28.2.4. No part of an F zone shall be used to calculate any of the zone provisions required by this By-law for a use located outside the F zone. 125 SECTION 29. OPEN WATER (OW) ZONE 29.1. USES PERMITTED No person shall within any OW zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - structures required for shipping and navigation, flood and erosion control; - creation of and improvements to private and public beaches. 29.2. SPECIAL PROVISIONS 29.2.1. No buildings or additions thereto and no placing or removal of fill shall be permitted within any structures placed in the OW zone without the prior written permission of the Municipality and The Ministry of Natural Resources in the area of the OW zone. An environmental assessment may be required as a requisite condition for any development in the OW zone. 126 SECTION 30. HOLDING (-h) ZONE 30.1. USES PERMITTED No person shall within any (-h) zone use any lot or erect, alter or use any building or structure except for one or more of the following uses: - uses lawfully in existence on the date of passing of this By-law; - buildings and structures lawfully in existence on the date of passing of this By-law; - buildings and structures accessory to permitted uses. 30.2. SPECIAL PROVISIONS 30.2.1. No new development of land will be permitted in a holding (-h) zone unless a rezoning is obtained prior to new development. 127 ENACTMENT This By-Law shall come into effect pursuant to Subsection 18 of Section 34 of The Planning Act, 1990 READ a first time on the 9th day of December, 2013. th READ a second time on the 9 day of December, 2013. th READ a third time and passed on this 9 day of December, 2013. _____________________________ Deb Shewfelt, Mayor CORPORATE SEAL _____________________________ Larry J. McCabe, Clerk 128 ZONES and SYMBOLS CLASS ZONE SYMBOL SECTION Residential Residential Lowest Density Residential Low Density Residential Medium-Low Density Residential Medium Density High Density Residential R1 R2 R3 R4 R5 7.0 8.0 9.0 10.0 11.0 Commercial Restricted Highway Commercial Highway Commercial Core Area Commercial Mixed Use Core Area Grouped Commercial Recreational Commercial C2 C3 C4 C5 C6 C7 12.0 13.0 14.0 15.0 16.0 17.0 Industrial Light Industrial General Industrial Harbour Commercial Harbour Industrial M1 M2 H1 H2 18.0 19.0 23.0 24.0 Community Facility Minor Community Facility Special CF1 20.0 Major Community Facility Site Specific Community Facility CF3 CF2 22.0 21.0 Public Open Space Private Open Space Natural Environment Flood Open Water Future Development Holding OS1 OS2 NE F OW (-h) 25.0 26.0 27.0 28.0 29.0 30.0 129 Amendments November 27, 2013 Revision Date: See Key Map 02 Town of Goderich Zoning By-Law Key Map 01 Lake Huron H2 H2 H2-3 H2-4 See Key Map 5 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 90 05 180 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:5,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 02 Amendments November 27, 2013 Revision Date: See Key Map 1 See Key Map 03 Township of Ashfield-Colborne-Wawanosh NE C7 OW H2 NOR TH HARBOUR ROAD WEST OW See Key Map 06 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 03 Amendments November 27, 2013 Revision Date: Township of Ashfield-Colborne-Wawanosh OS2 NE NO H RT G H OS1 LO ES C U WATERLOO ST N DO LE A C NI R2 .V ST IN N CE TS 1 CF R4 E TR ET R2 BRUCE STREET WEST R5 R2 R2-8 *1 S ST E CF1 EE R T T *1 Temporary Use By-law 94-2012 Expires Aug 14, 2015 R2 R2 NORTH STREET OS1 E D C RA R IE P NA 1 CF AC R TE R TE R2 R2 R ER AT UR BO AR A RO EA See Key Map 4 See Key Map 2 F CF1 R2 C3-22 R2 CF1 R2 R5-5 C3 NELSON STREET See Key Map 07 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 65 05 130 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:3,500 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 04 Amendments November 27, 2013 Revision Date: Township of Ashfield-Colborne-Wawanosh OW F OS2 NE BLUEWATER HW Y/ R2 OS1 GLOUCESTER TERR See Key Map 3 HWY 21 R2 R2-2 NAPIER STREET CF2 CF2 R2 R2-2 CF1 R3 WOLFE STREET R2 M2 NE R2 TRAFALGAR STREET R2 BRUCE STREET EAST OS1 R2 CF1 R2 M2 R2 R5 R2 ALBERT STREET NORTH ANGLESEA STREET CAMBRIA ROAD NORTH VICTORIA STREET NORTH R2-2 M2 CF2-2 MONTCALM STREET M2 F R2 See Key Map 8 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 05 Amendments November 27, 2013 Revision Date: See Key Map 1 H2 H 2-1 OS1 OS1 RE ET H2 HA H2 RB O UR BE H2-2 C7-1 C7-2 ST R E ET OS1 NE EET S TR G R2 OUR COB LIGHTHOUSE ST R2 OS1 R2 R2 OW See Key Map 6 AC H ST H2 QUEBEC ST NE R3 R2 R2 OS1 CF3 ESSEX STREET COVE ROAD ELGIN AVENUE WEST R2 R5 PICTON STREET WEST R2 R5 R2 BRITANNIA RD W See Key Map 9 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 90 05 180 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:5,000 16 11 12 13 19 18 WELLESLEY STREET OS1 Town of Goderich Zoning By-Law Key Map 06 Amendments November 27, 2013 Revision Date: See Key Map 2 NE R2 CR E S CE NT WATERLOO STREET NORTH H1 R G ES R2 EE T EO R2 R S G ST. TR H2 NE A R2 See Key Map 7 See Key Map 5 R4 T WEST STREET VICKERS LANE R2-1 R2 R2 R2 R3 RE E U ST. PATRICK STREET OS1 HARBOUR ST H RT R2 R5-1 R2 R5-9 LIGHTHOUSE STREET R2 R3 R2 WATERLOO STREET SOUTH QUEBEC STREET R2 R5-12 WELLINGTON STREET WELLESLEY STREET R2 ELGIN AVENUE WEST R2 PICTON STREET WEST R2 R2 CF1-11 R2 BRITANNIA ROAD WEST Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 60 05 120 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:3,200 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 07 Amendments November 27, 2013 Revision Date: See Key Map 3 NELSON STREET WEST EE T ST R O U S E SQ U A RE C5 C4 C5 CF1 WEST STREET CF2 CF1 EAST STREET C4 OS1 C4 C5 C5 LIGHTHOUSE STREET STANLEY STREET C5-3 R2 T R2 C5 EE R C5 CF1 ST R2 C5-1 C4 C5 N C5 C5 C5 CF1 O ST N C4 G M O TR C4 N KI C5 L EA R ST CF1 SOUTH STREET R2 T EE ST. DAVID STREET C4 ELGIN AVENUE WEST ELGIN AVENUE EAST R4 R2 R2 C4 R5 C3 PICTON STREET R5 R2 R2-4 R2 R2-6 R5 C3-7 R4-1 R2 BRITANNIA ROAD WEST R2-11 R2-10 Zone C5 Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 45 05 90 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:2,500 16 11 12 13 19 18 See Key Map 8 TH R OU NEWGATE STREET C4 MARKET STREET WATERLOO STREET SOUTH C CF1-9 WATERLOO STREET SOUTH See Key Map 6 R2 N C4 ST. PATRICK STREET VICTORIA STREET NORTH T EE C4 R3 C5 VICTORIA STREET SOUTH R ST CF1 C5-2 E N C5 C5 IL TO R R2 C5 CF1 C4-1 H AM O LB R4 CF1 ST. ANDREW STREET O C R2-7 C5 R2 NORTH STREET CHURCH STREET R2 R3 NELSON STREET EAST Town of Goderich Zoning By-Law Key Map 08 Amendments November 27, 2013 Revision Date: See Key Map 4 NELSON STREET EAST R5 R2 N TLA R5-7 R2 R2 R2-5 R3 M2 ST. DAVID STREET R2 C4-5 PARK STREET R5 R2 R2 R2 CF3 R2 See Key Map 15 M2 T EA ST R2 C3 R2 R5 RO N TO PICTON STREET EAST R2 BR CF3 S TR N R2 PI C TO TO ST ELGIN AVENUE EAST R2 IT AN NI R2 RE E C3-24 A R O C4-3 VICTORIA STREET SOUTH NE AD R2 ALBERT STREET SOUTH R5-3 CAMBRIA ROAD SOUTH EAST STREET EA See Key Map 7 R5 M2 R2 H O RT DN NEWGATE STREET R2 NE OA R2 OW F DR C4-4 BROCK STREET ST C3 MA I R2 HORTON STREET C4 R3 EE T See Key Map 14 BRITANNIA ROAD EAST See Key Map 13 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 09 Amendments November 27, 2013 Revision Date: See Key Map 5 R2 WARREN STREET R2 WILSON STREET NE ESSEX STREET R2 CAYLEY ST NE-1 See Key Map 11 OS1 COVE ROAD BRITANNIA ROAD WEST NE-2 R2 R2 BLAKE ST W OW OS1 NE R1 BINGHAM DR OS1 R1 BENNETT ST W See Key Map 10 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 10 Amendments November 27, 2013 Revision Date: See Key Map 9 R1 OS1 OS1 WARREN STREET OW LAKESIDE DRIVE BENNETT ST W R1 See Key Map 11 SUNSET DR NE CF3 OS1 OS2 R1-1-h 1 R12-1 OS R1-1 * R1-1 BETHUNE CRES * * * R1-1 WARREN ST R1-1-h OS2 R1-1 *R1-1-h Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,200 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 11 Amendments November 27, 2013 Revision Date: See Key Map 6 R2 See Key Map 9 R2 R2 R3 ELDON STREET R2-9 WELLINGTON STREET S R2 ELIZABETH STREET WIDDER STREET BRITANNIA ROAD WEST CAYLEY STREET WARREN STREET R3 R2 R2 R2 R2 BLAKE STREET WEST R1 R2 SHORE CRESCENT CF2 R1 R1 OS1 R5 R2 BENNETT STREET WEST See Key Map 12 R1 RICH STREET R1 OS1 R1 See Key Map 10 SUNC OAST D R1 RIVE W ELDON STREET JOHN STREET SUNSET DRIVE Zone R1-1 R1-1-h WARREN ST R1 BRIMICOMBE CR ESCENT R1 R1 BETHUNE CRESCENT R1-1 R1-1-h Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 12 Amendments November 27, 2013 Revision Date: See Key Map 7 BRITANNIA ROAD WEST R3 R2 R4 R2 SOUTH STREET ELDON STREET R2 KEYS STREET MCDONALD STREET R3 R2 R2 R4 RAGLAN STREET WEST CF2 CF1-4 R2 R2 R4 BLAKE STREET WEST CATHERINE STREET R1 R1 R1 CF2 BENNETT STREET WEST R1 CF2 YOUNG STREET R1 COMOX CRESCENT OAK STREET R1 R2 OS1 R2 ELDON STREET R5 R2 OS1 R1 See Key Map 13 R1 LEONARD DRIVE R1 R2 DOOLITTLE LN R1 SOUTH STREET See Key Map 11 R1 R1 BEILBY STREET R1 SUNCOA S T DRIVE WEST OS1 R1 BALV IN R1 AD R I VE WEST R2 R1 R1 CF3 Zone R5 LEE CRESCENT R2 R1 Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 13 Amendments November 27, 2013 Revision Date: RAGLAN STREET EAST R2 R2 STONEHOUSE STREET STRANG COURT R2 R2-9 HINCKS STREET CF2 PALMERSTON STREET R2 BAYFIELD ROAD / HWY 21 R2 R3 GIBBONS STREET CAMERON STREET SOUTH STREET BRITANNIA ROAD EAST R2 R2 R3 R2 See Key Map 14 R2 R2-3 R2 BLAKE STREET EAST CF1 R2 CF1 C2-1 R2 R2 R2 See Key Map 12 C3 R5 R2 TILT STREET R2 CHRISTINA CT R2 R2 BENNETT STREET EAST OS1 R2 R1 R2 R1 R1 CF1-1 KROHMER DRIVE SOUTH STREET R2 N SU CO CF2 R2 C3 R1 R5 R TD S A EA E V I ST See Key Map 17 R5-2 C3 R1 OS1 R5-8 C3-14 BALV R5-10 Zone INA DR BAYFIELD ROAD R1 GIBBONS STREET R5 R2 IVE E AST R5-11 C3 Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 14 Amendments November 27, 2013 Revision Date: See Key Map 8 BR AN T I N IA D R E R2 R2 See Key Map 15 C3 C3-11 R2 R2 R2 C3 O R D ES ST R C 2 2- RE G C3 CA M C2 R2 EE T R2 R TILT STREET R2 R2 ST T 42 M M AR T R H R1 42 AR Y R2 ST R2 2 4R WELLS STREET JONES STREET R4-3 -2 U R2 W AL N R4 A ST R R1 R1-2 3 BR R2 20 H C3 U R O N C3 R O A C2 D / H W C R EE R2 O XF JO N C C3-4 2 M EE T ID G E ST RE E T ST R EE T T R2 Y 8 C3 TR S RE ET EN R2 R 44 EE C3 ST R R2 M2 C3-3 T C 6 3- T CF 18 HINCKS STREET See Key Map 13 R2 T E E LE P A R1 R1 BENNETT STREET EAST See Key Map 16 Zone See Key Map 17 Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 55 05 110 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:3,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 15 Amendments November 27, 2013 Revision Date: Township of Ashfield-Colborne-Wawanosh OW See Key Map 8 RO AD EA ST F BR IT AN N IA NE O XF O R D ST R EE T M2 M 21 M2 M2 M2-4 AI TL AN D ST R EE T ST R EE T M Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies SO U TH See Key Map 16 R EE M2 M2 ST EN T PR ES S AD E See Key Map 14 R EG CY RO T W AL NU T ST RE ET M 0 L AP . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 16 Amendments November 27, 2013 Revision Date: See Key Map 15 Township of Ashfield-Colborne-Wawanosh NE F ST R EE T M2 M AP LE M2-5 R EG EN R2 T ST R EE M2 T M1-5 CA M OS1 R2 ID G E ST L R CF1 N R O M IL HU R O BR O AD R2 AD C3 M2 CF1 Municipality of Central Huron M1 OS1 C3 See Key Map 18 R1 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 17 Amendments November 27, 2013 Revision Date: See Key Map 14 See Key Map 13 R2 R5-13 C3-10 R3 C3 R1 C3-23 C3 CF1 WALNUT STREET SOUTH BENNETT STREET EAST SUNCOAST DRIVE EAST See Key Map 18 C3 R5-4 C3-2 BAYFIELD ROAD M1-3 C6-1 MACEWAN STREET See Key Map 13 C3 CF2-1 CF3 M2-8 M2 MOONEY STREET C3 M2 HUCKINS STREET See Key Map 19 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 55 05 110 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:3,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 18 November 27, 2013 Revision Date: EE T Amendments M AP LE ST R See Key Map 14 C3 R2 See Key Map 16 R1 OS1 CF1-10-h R2 CF1-7 R5-14 C3 C3-25 A NE DR IVE R1 FAIRHAVEN L DAWNROS E R1 M1-2 M1-1 WALNUST STREET SOUTH BENNETT STREET EAST CF1-2 C3 SUNCOAST DRIVE EAST C3-19 M2 C3-12 M1 HU M1-3 M2-3 MACEWAN STREET M1-3 RO AD M2-9 NE /H W Y 8 C3-18 M2 RT OU See Key Map 17 SC CF1-5 O N CF3 ON RS PA M2-2 R C3-17 M1 M2 M2 M2 Municipality of Central Huron HUCKINS ST See Key Map 19 Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 75 05 150 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:4,000 16 11 12 13 19 18 Town of Goderich Zoning By-Law Key Map 19 Amendments November 27, 2013 Revision Date: See Key Map 17 See Key Map 18 This area deferred in Official Plan Review and subject to further discussion. M2 MOONEY STREET BAYFIELD ROAD / HWY 21 HUCKINS STREET M2 M2 M2 M2-7 M2-h M2-h M2-10 M2 NE M2 MITCHELL STREET C3-13 C3-8 Municipality of Central Huron Zone Parcel Fabric Floodway (F) Railway Open Water (OW) Roads Natural Environment (NE) Top of Bank Open Space (OS1) Watercourses Conservation Authority Notification Areas Waterbodies 0 . 90 05 180 03 04 06 07 08 02 01 15 14 09 10 17 Meters 1:5,000 16 11 12 13 19 18